Bradley v. Burke

Braham, P. J.,

This action of ejectment is before the court en banc upon defendant’s preliminary objections. The objection relied upon is the inability of an executor under the will of a Florida decedent, duly probated in that State, to bring suit in ejectment for land situated in this county. The *240question is: raised by a petition under Pa. R. C. P. 1017(6). An answer was filed but no testimony was taken. Accordingly, the case is before us on bill and answer, in which event the procedure is regulated by Pa. R. C. P. 209(6). The rule as stated is ambiguous, the correct rule being that all facts…