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PAULL v. PAULL (04/22/57)

April 22, 1957

PAULL
v.
PAULL, APPELLANT.



Appeal, No. 46, March T., 1957, from decree of Court of Common Pleas of Allegheny County, Oct. T., 1947, No. 2669, in case of Leo L. Paull v. Charles T. Paull et ux., and Liberty Ledger Publishing Company. Decree, as modified, affirmed.

COUNSEL

John Metz, with him Ralph C. Davis and Charles H. Bode, for appellant.

James A. Danahey, with him J. I. Simon, for Appellee.

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

[ 389 Pa. Page 17]

OPINION PER CURIAM

The provision in paragraph 3 of the decree appealed from, which imposes a lien of lis pendens on real estate owned by the defendant, Charles T. Paull, and his wife by the entireties to secure the payments ordered by paragraphs 1 and 2 of the decree to be made by Charles T. Paull, individually, to Leo L. Paull, plaintiff, was beyond the power of the court below to decree. Accordingly, paragraph 3 of the decree is hereby declared to be invalid and of no effect.

Disposition

As so modified, the decree is affirmed at the appellee's costs.

19570422

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