Stemple v. Carson

Supreme Court of Pennsylvania

Stemple v. Carson

77 A.2d 438, 366 Pa. 392, 1951 Pa. LEXIS 298

CourtSupreme Court of Pennsylvania

DecidedJanuary 2, 1951

DocketAppeal, 117

StatusPublished

Cited by5 cases

This text of 77 A.2d 438 (Stemple v. Carson) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stemple v. Carson, 77 A.2d 438, 366 Pa. 392, 1951 Pa. LEXIS 298 (Pa. 1951).

Pincite

Opinion

Per Curiam,

We are satisfied that the learned court below correctly ruled that the Common Pleas Court was without jurisdiction to grant the relief prayed for in the bill and that the Orphans’ Court alone has exclusive jurisdiction. To what Judge Gibson has so well said we merely add that the title to the stock in question had passed to a decedent and was in his possession at his death. His executor, who now holds possession, is under the control and supervision of the Orphans’ Court. The title is being attacked as voidable because of material misrepresentations. The action to rescind is therefore exclusively in the jurisdiction of the Orphans’ Court and not in any court of general equity jurisdiction.

Decree affirmed at the appellants’ costs.

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Opinion

Per Curiam,

We are satisfied that the learned court below correctly ruled that the Common Pleas Court was without jurisdiction to grant the relief prayed for in the bill and that the Orphans’ Court alone has exclusive jurisdiction. To what Judge Gibson has so well said we merely add that the title to the stock in question had passed to a decedent and was in his possession at his death. His executor, who now holds possession, is under the control and supervision of the Orphans’ Court. The title is being attacked as voidable because of material misrepresentations. The action to rescind is therefore exclusively in the jurisdiction of the Orphans’ Court and not in any court of general equity jurisdiction.

Decree affirmed at the appellants’ costs.

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Bluebook (online)

77 A.2d 438, 366 Pa. 392, 1951 Pa. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stemple-v-carson-pa-1951.

Opinion

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