German-American Title & Trust Co. v. Shallcross
Supreme Court of Pennsylvania
Appeal, No. 171, July T., 1891, by complainant,. The German-American Title & Trust Company, Committee of Francis Mawhinney, from decree of C. P. No. 4, Phila. Co., Dec. T., 1887, No. 829, dismissing bill in equity filed against Ida Y. Shallcross and Lewis Stover, executors of the last will and testament of Lewis Shallcross, deceased. Bill in equity to compel the satisfaction of mortgages and judgment and extinguishment of ground rents.
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Appeal, No. 171, July T., 1891, by complainant,. The German-American Title & Trust Company, Committee of Francis Mawhinney, from decree of C. P. No. 4, Phila. Co., Dec. T., 1887, No. 829, dismissing bill in equity filed against Ida Y. Shallcross and Lewis Stover, executors of the last will and testament of Lewis Shallcross, deceased. Bill in equity to compel the satisfaction of mortgages and judgment and extinguishment of ground rents. The bill averred that the complainant had brought an action of equitable ejectment against the respondent in court of common pleas No. 1, of Philadelphia…
1Opinion of the Court
Opinion by
Mr. Justice Heydrick,
At a very early date resort was had in Pennsylvania to the action of ejectment as a remedy for the enforcement of equitable rights in respect to real estate. This was a necessity, as has been frequently said, growing out of the want of a court of chancery, or the possession by the common law courts of such equitable jurisdiction as has since been conferred upon them. But, although it was broadly declared in Peebles v. Beading, 8 S. & R. 484, that wherever chancery would execute a trust or decree a conveyance, the courts of this state, by the instrumentality of a…
2Cases cited4 opinions
- Seitzinger v. RidgwaySupreme Court of Pennsylvania · 1840
- Bleakley's AppealSupreme Court of Pennsylvania · 1870
- Treftz v. KingSupreme Court of Pennsylvania · 1873
- Meyers v. HillSupreme Court of Pennsylvania · 1863
3Cited by2 opinions
- Rosenberg v. MenckeSupreme Court of Pennsylvania · 1904
- Weaverling v. SmithSuperior Court of Pennsylvania · 1956