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GROSSMAN v. HILL. (04/16/56)

April 16, 1956

GROSSMAN, APPELLANT,
v.
HILL.



Appeal, No. 91, March T., 1956, from order of Court of Common Pleas of Allegheny County, July T., 1955, No. 3139, in case of Bernard H. Grossman et ux. v. Eleanor G. Hill, Betty Reed Lewis and Harold K. Brooks, executor under last will and testament of Lucy Order reversed.

COUNSEL

John A. Metz, Jr., with him M. D. Wedner and Metz, McClure, Hanna & MacAlister, for appellants.

John C. Hill, for appellee.

Murray J. Jordan, for Harold K. Brooks, Executor, appellee.

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

Author: Stern

[ 384 Pa. Page 591]

OPINION BY MR. CHIEF JUSTICE HORACE STERN

This is an action to quiet title under Pa. R.C.P. 1061, which supplanted the former practice in equity by bill quia timet. Plaintiffs, Bernhard H. Grossman

[ 384 Pa. Page 592]

    and Ruth B. Grossman, his wife, are seeking to have property of which they are presently the equitable owners adjudged free of a restriction on alienation. To their complaint answers were filed by the defendants. Plaintiffs appeal from a refusal of the court below to grant their motion for judgment on the pleadings.*fn1

Fronting on the south side of Kinsman Road in the City of Pittsburgh are three lots adjoining one another, each, as originally plotted, of a width of 50 feet and of a depth of 120 feet. Of these, lot number 8 is the westernmost, lot number 6 the easternmost, and lot number 7 is between the other two. In 1914 Josephine H. Reed and Charles H. Reed, her husband, conveyed lot 8 to Mrs. Florence King Bullock, who in turn, in 1917, conveyed it to A. W. Saxe. In 1918 the Reeds conveyed to Saxe the westernmost 10 feet of lot 7 abutting lot 8. In 1919 Mary I. Saxe, the widow and devisee of A. W. Saxe, conveyed lot 8 and this 10 foot strip of lot 7 to Mrs. Lucy F. West, widow, and in that same year the Reeds conveyed to Mrs. West the center 30 feet of lot 7, so that she thus became the owner of lot 8 and the adjoining 40 feet of lot 7. In 1953 she conveyed the center 30 feet and in 1954 the westernmost 10 feet of lot 7 to Joseph L. Glomb and Delia M. Glomb, his wife. The Glombs by agreement dated March 24, 1955, contracted to sell to the plaintiffs the 40 feet of lot 7 which they had thus acquired. One of the conditions

[ 384 Pa. Page 593]

    of the agreement was that the plaintiffs, as equitable owners of the land thus sold to them, would promptly prosecute an action to remove a ...


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