McClure v. Fairfield
Supreme Court of Pennsylvania
Appeal, No. 24, Oet. T., 1892, by-defendant, James G. Fairfield, from decree of G. P. No. 2, Allegheny Co., April T., 1888, No. 562, on bill in equity filed by Matthew S. McClure et al. Bill in equity to quiet title.
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Appeal, No. 24, Oet. T., 1892, by-defendant, James G. Fairfield, from decree of G. P. No. 2, Allegheny Co., April T., 1888, No. 562, on bill in equity filed by Matthew S. McClure et al. Bill in equity to quiet title. The bill, filed against James G. Fairfield, the Freehold Bank and Charles Oates and Harriet Oates, his wife, in right of said Harriet Oates, averred that plaintiffs were the heirs at law of Abdiel McClure, late of the borough of Homestead, Pa., who died Sept. 23,1887, intestate. That on or about May 12, 1886, the said Abdiel McClure made a contract with Mrs. Harriet Oates, one of…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The learned counsel for the appellant, with entire frankness, concede that upon the facts found by the master the plaintiffs are entitled to a remedy, and they admit further that equity has jurisdiction in a case of this kind if the facts warrant relief. They also agree that the case of Eberly v. Lehman, 100 Pa. 542, expressly rules that a mechanic’s lien can be filed against an equitable title, and that a sale on a judgment thereunder, against the equitable owner, will enable the purchaser to bring ejectment against the legal owner in possession. They contend that…
2Cases cited4 opinions
- Gaines v. Gaines'Court of Appeals of Kentucky · 1848
- Oldham v. SaleCourt of Appeals of Kentucky · 1840
- In re Drenkle's EstateSupreme Court of Pennsylvania · 1846
- Eberly v. LehmanSupreme Court of Pennsylvania · 1882
3Cited by9 opinions
- Detwiler v. CaponeSupreme Court of Pennsylvania · 1947
- ZIMNISKY v. ZimniskySuperior Court of Pennsylvania · 1967
- Stratford v. BolandSuperior Court of Pennsylvania · 1982
- Linde Corp. v. Black Bear Property, LPSuperior Court of Pennsylvania · 2016
- Linde Corp. v. Black Bear Property, LP, Pennsylvania Court of Common Pleas, Lycoming County2015
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