Holmes Petition

Opinion by

Mb. Chief Justice Horace Stern,

TMs appeal under the Act of March 5, 1925, P. L. 23, challenges the jurisdiction of the court below to appoint a Board of Viewers under the circumstances hereinafter described.

Appellees’ motion to quash the appeal on the ground that the question of jurisdiction was not properly raised in the court of first instance will be denied because, although it may, perhaps have been raised there only indirectly, it is important in the interest of the expedition of these protracted proceedings to decide the question at this time.

The claim of the Estate of Lewis…