Suplee v. Callaghan
Suplee v. Callaghan
Opinion of the Court
Opinion by
While no specific reason is given by the learned court below for sustaining the demurrer to the bill as filed in this case, yet we see no error in its action. The bill is in form a creditor’s bill, and as such cannot be sustained under the ordinary and long established methods of procedure if the plaintiff has a full and adequate remedy at law: People’s Nat. Bank v. Kern, 198 Pa. 66. An assignment for the benefit of creditors was made by the defendant, Mrs. Callaghan, long prior to the filing of this bill. If such assignment had not been made, the complainants here would have had no hesitation in levying upon and selling her life estate in the property, and, if its possession had been denied, they could have brought ejectment. Certainly such a bill as this could not have been sustained under those
Without discussing other reasons upon which the demurrer might have been sustained, the one referred to is sufficient.
The decree is, therefore, affirmed at the cost of the appellants.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.