Citation Numbers: 40 A.2d 466, 351 Pa. 191
Judges: OPINION BY MR. JUSTICE DREW, January 2, 1945:
Filed Date: 12/6/1944
Status: Precedential
Modified Date: 1/13/2023
We concur in that portion of the opinion which decides that under the facts of this case jurisdiction was not in the common pleas court but exclusively in the orphans' court. For this reason alone the decree of the court below must be reversed.
If the question were still open and had not become a settled Pennsylvania rule of property which only the legislature should now change, we would strongly question the principle ofOrr's Estate,
Conceding that the principle of Orr's Estate, supra, should not now be changed, nevertheless we would not extend its operation. This Court has held that it will not set aside a sale after final settlement and transfer of title merely because of a higher offer. We would refuse the aid of equity to cancel such a sale where there was no fraud, accident or mistake, where the purchaser has deposited the full consideration money and the vendor has given the purchaser possession of the premises and a valid assignment of the leases. In our opinion under the facts of this case, the parties have so consummated their agreement that it would be most inequitable to set it aside.
We also suggest that the attention of the Legislature might well be called to the question of the advisability of changing by statute the effect of the decision in Orr's Estate and the cases which have followed it.
State Ex Rel. Ebke v. Board of Educational Lands & Funds , 154 Neb. 244 ( 1951 )
Baton Coal Company Appeal , 365 Pa. 519 ( 1950 )
Heilig Bros. Co., Inc. v. Kohler , 366 Pa. 72 ( 1950 )
Brereton Estate , 355 Pa. 45 ( 1946 )
Levin v. Fidelity-Phila. Trust Co., Tr. , 358 Pa. 124 ( 1947 )
Herbert Estate , 356 Pa. 107 ( 1947 )