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BEVAN v. THE READING COMPANY

No. 108.

47 Pa. D. & C. 2d 683 (1969)

Bevan v. The Reading Company

Common Pleas Court of Chester County, Pennsylvania.

July 3, 1969.

Attorney(s) appearing for the Case

John M. Wajert, for plaintiffs.

Thomas A. Riley, Jr., for defendants.

KURTZ, J., July 3, 1969.

This is an action to quiet title. Although we are of the opinion that ejectment would have been the appropriate form in which to bring the action, since it would appear that at least one of the defendants is in possession of the land involved, cf. Pennsylvania Rule of Civil Procedure 1061(b)(2), that objection has not been raised upon this record from which we conclude that it has been waived...

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