Mildren v. Nye
Supreme Court of Pennsylvania
Appeal, No. 18, Oct. T., 1913, by defendants, from judgment of Superior Court, April T., 1912, No. 169, reversing order of C. P. Armstrong Co., Dec. T., 1911, No. 67, refusing an issue to quiet title in case of Annie H. Mildren and W. J. Mildren, her husband, and Richard L. Mildren v. Nellie A. Nye and William Nye, her husband. Appeal from Superior Court.
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Appeal, No. 18, Oct. T., 1913, by defendants, from judgment of Superior Court, April T., 1912, No. 169, reversing order of C. P. Armstrong Co., Dec. T., 1911, No. 67, refusing an issue to quiet title in case of Annie H. Mildren and W. J. Mildren, her husband, and Richard L. Mildren v. Nellie A. Nye and William Nye, her husband. Appeal from Superior Court. From the record it appeared that the controversy was over the title and right of possession of a‘strip of land about 200 feet wide which the petitioners alleged was on their side of the boundary line between their farm and the respondents’…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The Act of March 8, 1889, P. L.. 10, amended by the Act of April 16, 1903, P. L. 212, is for the settling of titles to real estate, and the Act of June 10, 1893, P. L. 415, provides “for the quieting of titles to land.” Each act is for the same purpose, and, though the methods of procedure under the one differ from those under the other, the provisions of neither can be invoked by any one who is not in possession of the land. The petition, in this case was filed under the Act of 1893, the petitioners averring that they were in possession of the land in controversy,…
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