Earhart v. Marshall
Supreme Court of Pennsylvania
Appeal, No. 198, Oct. T., 1911, by plaintiff, from order of C. P. Armstrong Co., March Term, 1911, No. 241, dismissing petition to quiet title in case of Elizabeth C. Earhart v. James W. Marshall and Kate Marshall. Petition to quiet title. The opinion of the Supreme Court states the case.
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Appeal, No. 198, Oct. T., 1911, by plaintiff, from order of C. P. Armstrong Co., March Term, 1911, No. 241, dismissing petition to quiet title in case of Elizabeth C. Earhart v. James W. Marshall and Kate Marshall. Petition to quiet title. The opinion of the Supreme Court states the case. Error assigned was order dismissing petition. cited: Fearl v. Johnstown, 216 Pa. 205; Kimmel v. Shaffer, 219 Pa. 375; Pifer v. Berkey, 229 Pa. 394; Ullom v. Hughes, 204 Pa. 305; Del. & Hudson Canal Co. v. Genet, 169 Pa. 343. cited: Loveland v. Howe, 2 Lack. L. N. 34; Hutchinson v. Dennis, 217 Pa. 290; Kimmel…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The remedy provided by Act of June 10, 1893, P. L. 415, entitled, “An Act to provide for the quieting of titles to land” is available only where the complaining party is in possession of the land over which the dispute arises. This is apparent when it is considered that the whole purpose of the act, as was said in Ullom v. Hughes, 204 Pa. 305, was to relieve the owner in possession from the common-law necessity of inactively waiting for an attack on his title and enable him to force an immediate contest and settlement. The possession of the complaining party, as…
2Cases cited2 opinions
- Titus v. BindleySupreme Court of Pennsylvania · 1904
- Ullom v. HughesSupreme Court of Pennsylvania · 1903
3Cited by4 opinions
- Mildren v. NyeSupreme Court of Pennsylvania · 1913
- Bell's PetitionSupreme Court of Pennsylvania · 1918
- Mildren v. NyeSuperior Court of Pennsylvania · 1912
- Keith's Petition, Pennsylvania Court of Common Pleas, Northampton County1928