Heller v. Fishman
Supreme Court of Pennsylvania
Appeal, No. 1, May T., 1923, by plaintiffs, from decree of C. P. Dauphin Co., No. 736, Equity Docket, dismissing bill in equity, in case of Samuel Heller et ux. v. Samuel Fishman, Edward I. Fishman and Sarah Rubin. Demurrer to bill in equity to quiet title. Before Wickersham, J., Hargest, P. J., and Fox, J., concurring. The opinion of the Supreme Court states the facts. Bill dismissed: 26 Dauphin Co. R. 46. Plaintiffs appealed.
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Appeal, No. 1, May T., 1923, by plaintiffs, from decree of C. P. Dauphin Co., No. 736, Equity Docket, dismissing bill in equity, in case of Samuel Heller et ux. v. Samuel Fishman, Edward I. Fishman and Sarah Rubin. Demurrer to bill in equity to quiet title. Before Wickersham, J., Hargest, P. J., and Fox, J., concurring. The opinion of the Supreme Court states the facts. Bill dismissed: 26 Dauphin Co. R. 46. Plaintiffs appealed. Error assigned was, inter alia, decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moschzisker,
Plaintiffs filed a bill in equity to remove an alleged cloud from their title to certain real estate; the bill was dismissed on demurrer because the court below held complainants must proceed under the Act of April 16, 1903, P. L. 212, which provides a remedy to bring about adjudications of adverse claims of title; this appeal followed.
The bill states, inter alia, that defendant Samuel Fish-man sold and conveyed to Sarah Heller, one of the plain*330tiffs and wife of the other plaintiff, certain tracts of land in Middle Paxton Township, Dauphin County, known…
2Cases cited16 opinions
- Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
- Lewisburg Bridge Co. v. County of UnionSupreme Court of Pennsylvania · 1911
- Dull's AppealSupreme Court of Pennsylvania · 1886
- Clark v. ClarkSupreme Court of Pennsylvania · 1917
- Onorato v. CarliniSupreme Court of Pennsylvania · 1922
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3Cited by12 opinions
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- Leahey v. LeaheySupreme Court of Pennsylvania · 1932
- In Re Rivermist Homeowners Assn.Supreme Court of Georgia · 1979
- Oil City N. Bk., Exr. v. McCalmont, Exr.Supreme Court of Pennsylvania · 1931
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