Holmes v. Fulton
Supreme Court of Pennsylvania
Appeal, No. 213, Oct. T., 1898, by plaintiff, from decree of C. P. No. 1, Allegheny Co., June T., 1898, No. 596, dismissing bill in equity. Bill in equity for partition. The facts appear by the opinion of the Supreme Court. Error assigned was decree dismissing bill.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The same subject of litigation was here before under the name of Holmes v. Woods, 168 Pa. 530, which was an action for purchase money of land, the defense being defective title. In that case the court below held (p. 533) that Thomas C. Fulton, Jr., had such interest in the property by virtue of the conveyance to him of his mother’s life estate as authorized him to bring his bill for partition of such interest, but that his right to partition of the whole estate depended on a consideration of the interests of the parties defendant to his bill. Upon the latter…
2Cases cited3 opinions
- Seiders v. GilesSupreme Court of Pennsylvania · 1891
- Deshong v. DeshongSupreme Court of Pennsylvania · 1898
- Holmes v. WoodsSupreme Court of Pennsylvania · 1895
3Cited by6 opinions
- Lloyd's EstateSupreme Court of Pennsylvania · 1924
- Stickles v. OviattSupreme Court of Pennsylvania · 1905
- Volkwein v. VolkweinSupreme Court of Pennsylvania · 1938
- Harrier v. Harrier, Pennsylvania Court of Common Pleas, Blair County1947
- In re Brinton PartitionPennsylvania Orphans' Court, Lawrence County · 1955
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