Yonkers & Co. v. Warden

Citations

• 8 Pa. Super. 395
• 1898 Pa. Super. LEXIS 68

Syllabus

<p>Equity jurisdiction — Bill to remove cloud on title.</p> <p>The courts of Pennsylvania have adopted and recognized the equity jurisdiction to remove clouds upon title as fully and as broadly as it is described in the equity text-books and decisions. The rule may bo stated as follows: Whenever a deed or other instrument exists which may be vexatiously or injuriously used against a party after the evidence to impeach or invalidate it is lost, or which may throw a cloud or suspicion over the title or interest of the owner and he cannot immediately protect or maintain his right by any course or proceeding at law, a court of equity will afford relief by directing the instrument to be delivered up and canceled or by making any other decree which justice or the rights of the parties may require.</p> <p>A bill, quia timet, having been filed, praying for the extinction of certain ground rent, the court having found as facts, an apportionment of the ground rent by an agreement, understood by both parties; that plaintiffs were in possession ; that they could not maintain a suit at law against defendants; that parties having knowledge of the transaction were few; and that a few years may make proof difficult or impossible aud that a cloud existed on plaintiffs’ title — such findings warranted a decree declaring the ground rents extinct and it was error to dismiss the bill for want of jurisdiction.</p>