Esher v. Esher

Sweney, P. J.,

This matter is before the court en banc upon preliminary objections, filed by defendants, raising the question of the sufficiency of the service upon defendants, who are nonresidents of Pennsylvania.

Defendants are contending that plaintiff’s bill in equity sets forth an action in personam by asking for *465specific performance. Plaintiff is contending that the subject of this action is real estate situate in Delaware County and that the action is in rem.

The facts that can be gathered from the bill filed are that Dorothy Esher, plaintiff, and Joseph C. Esher, a defendant, were…