Loomis v. Loomis
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Brie county. This was a bill in equity, filed by-Elizabeth Loomis against Dyer Loomis, executor of Dyer Loomis, deceased, to compel respondent to account, and pay the debts and legacies out of personal estate, and to enjoin him against the sale of real estate.
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Appeal from the Common Pleas of Brie county. This was a bill in equity, filed by-Elizabeth Loomis against Dyer Loomis, executor of Dyer Loomis, deceased, to compel respondent to account, and pay the debts and legacies out of personal estate, and to enjoin him against the sale of real estate. In 1840 Dyer Loomis, Sr., by his will, directed his executor, Dyer Loomis, the respondent, to pay “ all my debts and funeral expenses from the first moneys that shall come into his hands from my estate,” to take possession of all testator’s real and personal .estate, and have the use of the same after the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
We do not stop to discuss the questions of pleading argued in this case, because the whole subject-matter is without the jurisdiction of the Common Pleas and within the exclusive jurisdiction of the Orphans’ Court. There is no clause in the Act of Assembly relating to equity powers that even seems to give the Common’Pleas such a jurisdiction.. The discovery clause is intended to provide the court -with means of trying its own cases. The prevention clause was not intended to create any interference between different co-ordinate courts in the…
2Cited by3 opinions
- Henderson, Hull & Co. v. StrykerSupreme Court of Pennsylvania · 1894
- Mauser v. Lerch, Pennsylvania Court of Common Pleas, Lehigh County1925
- Walcott v. Boyle, Pennsylvania Court of Common Pleas, Schuylkill County1951