CAPLAN v. PITTSBURGH


375 Pa. 268 (1953)

Caplan, Appellant, v. Pittsburgh.

Supreme Court of Pennsylvania.

November 17, 1953.


Attorney(s) appearing for the Case

Marjorie Hanson Matson, with her Maurice Parker, for appellant.

David Stahl, Assistant City Solicitor, with him Anne X. Alpern, City Solicitor, for appellee.

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


OPINION BY MR. JUSTICE ALLEN M. STEARNE, November 17, 1953:

This is an action to quiet title to real estate under the provisions of Rule 1061 (b) (2) and (3) of Pennsylvania Rules of Civil Procedure. The alleged cloud relates to a clause in the deed to plaintiff's predecessor in title. The court below overruled preliminary objections to defendant's answer and new matter and dismissed the complaint. This appeal followed.

The City of Pittsburgh, the defendant...

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