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BRENNAN v. SHORE BROTHERS (01/13/55)

January 13, 1955

BRENNAN
v.
SHORE BROTHERS, INC., APPELLANT.



Appeal, No. 188, Jan. T., 1954, from order of Court of Common Pleas No. 7 of Philadelphia County, March T., 1953, No. 2633, in case of Katharine C. Brennan et al., Admr., Estate of Francis M. Jahn, etc., v. Shore Brothers, Inc. Judgment affirmed.

COUNSEL

Richard B. Malis, with him Malis, Malis & Malis, for appellant.

Simon Lenson, with him Lenson & Yusem, for appellees.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Bell

[ 380 Pa. Page 284]

OPINION BY MR. JUSTICE BELL

Plaintiffs, who are the surviving lessors and the personal representatives of a deceased lessor, brought an action upon a complaint to quiet title to premises 4200 North Broad Street, Philadelphia, under Pa. R.C.P. 1061. The defendant is the lessee in possession under a written lease. The jury returned a verdict for

[ 380 Pa. Page 285]

    defendant lessee. Judgment non obstante veredicto was entered by the Court below in favor of plaintiffs.

Defendant's first contention raises a procedural question: Was the action properly brought under Pa. R.C.P. 1061?

Pa. R.C.P. 1061 (Action to Quiet Title) provides for four situations in which an action may be brought under the Rule. (b)(2) and (b)(3) provide as follows:

"(2) where an action of ejectment will not lie, to determine any right, lien, title or interest in the land or determine the validity or discharge of any document, obligation or deed affecting any right, lien, title or interest in land;

(3) to compel an adverse party to file, record, cancel, surrender or satisfy of record, or admit the validity, invalidity or discharge of, any document, obligation or deed affecting ...


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