Delaware & Hudson Canal Co. v. Genet
Supreme Court of Pennsylvania
Appeal, No. 161, July T., 1894, by petitioner from the order of C. P. of Lackawanna Co., Sept. T., 1893, No. 327, refusing an issue prayed for under the second section of the act of June 10, 1893. Petition for an issue under tbe second section of the act of June 10, 1893, P. L. 415. Before Edwards, J. The facts sufficiently appear from the following opinion of the court, refusing an issue.
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Appeal, No. 161, July T., 1894, by petitioner from the order of C. P. of Lackawanna Co., Sept. T., 1893, No. 327, refusing an issue prayed for under the second section of the act of June 10, 1893. Petition for an issue under tbe second section of the act of June 10, 1893, P. L. 415. Before Edwards, J. The facts sufficiently appear from the following opinion of the court, refusing an issue. “The proceedings in this case are under the act of June 10, 1893, P. L. 415, entitled, An act to provide for the quieting of titles to land, the second section of which provides, inter alia, as follows: “6…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
We are unable to concur in the view of the court below that the petition should be dismissed because there are no facts in dispute, and the controversy between the parties is one of law only, on the construction of the contract of 1864. The act of June 10, 1893, P. L. 415, is entitled “ An act to provide for the quieting of titles to land,” and the second section, with which we are concerned, was intended to give a party in possession the right and the opportunity to institute a proceeding to test his title as against an adverse claimant. At common law the…
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