Wickham v. Taylor
Citations
- 225 Pa. 246
- 74 A. 63
- 1909 Pa. LEXIS 643
Syllabus
<p>Appeals — Assignments of error — Exceptions—Equity practice.</p> <p>1. Assignments of error to findings of fact and conclusions of law by the court below sitting as a court of equity will not be considered where no 'exceptions have been filed to such findings and conclusions.</p> <p>Equity — Equity jurisdiction — Title to land — Ejectment bill — Remedy at law.</p> <p>2. A bill in equity praying for the cancellation of a deed on the ground of fraud in certain partition proceedings in which the defendant secured the deed, will be dismissed as an ejectment bill involving merely a question of title to land.</p> <p>3. It may be that such a title may not be good because of irregularities in the proceedings or because the court did not have jurisdiction, or because the parties to the partition proceeding did not have title, but all of these questions must be determined in an action at law when the question of title is properly raised between the parties asserting adverse title to the land in dispute.</p>
Judges: Brown, Elkin, Fell, Mitchell, Potter
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