Swearingen v. Barnsdall

Supreme Court of Pennsylvania November 4, 1904

Swearingen v. Barnsdall, 210 Pa. 84 (Pa. 1904)

59 A. 477; 1904 Pa. LEXIS 846

Brown, Dean, Fell, Mitchell, Potter, Thompson

Opinion of the Court

Per Curiam,

The learned judge below found first that this was a bill for an account by one claiming to be a joint owner, but who was out of possession and had not established his title at law, referring to Frisbee’s Appeal, 88 Pa. 144; and secondly that the only question in the case was the title and possession of land in West Virginia. Either ground would require the dismissal of the bill.

Decree affirmed.

Reference

Cited By: 1 case
Status: Published
Syllabus: Equity—Jurisdiction—Tenants in common—Remedy at law. A court of equity has no jurisdiction of a bill for an account of profits brought by one out of possession who claims to be a joint owner against an alleged cotenant until the question of title is first determined in an action at law. Conflict of laws—Leasehold—Question of title. Where a leasehold is wholly in another state, all questions as to the title and possession of the land leased must be decided according to the laws of that state.