Vankirk v. Patterson

Citations

• 204 Pa. 317
• 54 A. 175
• 1903 Pa. LEXIS 797

Syllabus

<p>Vendor and vendee—Option—Title—Issue to quiet title—Act of June 10, 1893, P. L. 415.</p> <p>A controversy between vendor and vendee as to compliance or default by the latter in regard to the terms of an option may be the subject of a remedy by rule and issue under the Act of June 10, 1893, P. L. 415.</p> <p>Where an owner of land who has given an option has filed a bill on the equity side of the court to have the option set aside for default by the defendant, and the case has been tried on the merits and a decree made against the complainants, the latter cannot subsequently resort to the remedy by rule and issue under the act of June 10, 1893. By the decree on the bill in equity, the controversy became res adjudicata. In such a case where the petition for the issue and the answer thereto shows that the controversy had already been adjudicated, the court is not bound to grant the issue and have the question of the former decision raised by plea.</p>