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HOBAN v. RABEL ET UX. (07/02/73)

SUPREME COURT OF PENNSYLVANIA


decided: July 2, 1973.

HOBAN
v.
RABEL ET UX., APPELLANTS

Appeal from decree of Court of Common Pleas of Lackawanna County, Sept. T., 1969, No. 5, in re Patrick J. Hoban and Nellie E. Hoban, his wife v. Mary Rabel and Adam Magdzak and Anna Magdzak, his wife.

COUNSEL

David J. Reedy, Jr., with him S. S. Friedman, for appellants.

No oral argument was made nor brief submitted for appellees.

Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 452 Pa. Page 516]

"The proper proceeding to try title to land is an action of ejectment at law, rather than an injunctive proceeding in equity." Carelli v. Lyter, 430 Pa. 543, 545, 244 A.2d 6 (1968).

Decree reversed and case remanded to the Court of Common Pleas of Lackawanna County, with directions that it be transferred to the law side for the resolution of the issues involved.

Each party to bear own costs.

Disposition

Decree reversed, and case remanded.

19730702

© 1998 VersusLaw Inc.



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