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NOSAL v. NOSAL. (03/19/63)

March 19, 1963

NOSAL, APPELLANT,
v.
NOSAL.



Appeal, No. 57, Jan. T., 1963, from order of Court of Common Pleas of Carbon County, Sept. T., 1961, No. 42, in case of Dr. Joseph L. Nosal v. Elizabeth T. Nosal. Appeal quashed.

COUNSEL

Frank D. Llewellyn, for appellant.

Albert P. Leonzi, with him Martin H. Philip, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Bell

[ 410 Pa. Page 305]

OPINION BY MR. CHIEF JUSTICE BELL

Plaintiff filed an action denominated a complaint in equity to quiet title. He alleged that his wife had fraudulently conveyed to herself a property which was held by them as tenants by the entireties, and prayed that the deed be declared void. From the Order of the lower Court which dismissed his motion for judgment on the pleadings, plaintiff took this appeal. The Order (a) is interlocutory and (b) no appeal therefrom is authorized by any statute. The Order is therefore unappealable: Sagot v. International Mailers Union, 409 Pa. 387, 187 A.2d 284; Reading Co. v. Willow Development Company, 407 Pa. 469, 181 A.2d 288.

Pa. R.C.P. 1061 has caused some confusion, especially in connection with appeals.

Rule 1061 provides: "(a) Except as otherwise provided in this chapter, the procedure*fn1 in the action to quiet title from the commencement to the entry of judgment shall be in accordance with the rules relating to the action of assumpsit.

"Note: No right to trial by jury is conferred by this Rule. See Rule 128(f).

"(b) The action may be brought.

...

"(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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