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BUCK et al., v. BRUNNER
Superior Court of Pennsylvania.
Jul 20, 1950
Important Paras
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Practice — Actions — Quieting title — Possession in defendant.
1. An action to quiet title will not lie where possession of the land in dispute is in the defendant.
2. It is only where the plaintiff is in possession of land against which a person not in possession makes claim or asserts the title that an action to quiet title will lie.
Argued April 17, 1950.
PER CURIAM, July 20, 1950:
The order is affirmed on the opinion of Judge ELLENBOGEN.
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