KALYVAS v. KALYVAS


371 Pa. 371 (1952)

Kalyvas, Appellant, v. Kalyvas.

Supreme Court of Pennsylvania.

June 24, 1952.


Attorney(s) appearing for the Case

John A. Metz, Jr., with him Metz & Metz, for appellant.

Alexander Cooper, with him Morris Zimmerman, for appellee.

Before DREW, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. JUSTICE BELL, June 24, 1952:

Plaintiff brought an action against his three sons to quiet title to real estate. The action was brought pursuant to Pa. R.C.P., Rule 1061 et seq. Although the action is an action at law it embraces all the equitable jurisdiction which was formerly exercisable under a bill quia timet.

We agree with the trial judge and the Court en banc that this is the type of family dispute which should never have been aired in...

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