Snyder's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia.. This was an appeal by Jacob R. Snyder from the decree of the court below, setting aside the proceedings for the partition, of the real estate of John Snyder and Catharine Snyder. John Synder and Catharine, his wife, were tenants in common 'of a tract of 9 acres 152J perches of land in the county of Philadelphia.
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Appeal from the Orphans’ Court of Philadelphia.. This was an appeal by Jacob R. Snyder from the decree of the court below, setting aside the proceedings for the partition, of the real estate of John Snyder and Catharine Snyder. John Synder and Catharine, his wife, were tenants in common 'of a tract of 9 acres 152J perches of land in the county of Philadelphia. John Snyder was also the owner of the undivided third part of another tract of four acres. ■John Snyder died in 1841, and by his will he devised this property to his wife Catharine for life, and at her decease to his children. Catharine…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
This attempt to make partition in the Orphans’ Court of two estates, in one proceeding, cannot he sustained.Within its appropriate limits, the power of that court is ample, and it is unembarrassed by forms. Being a court of equity,- it can mould its process and decrees according to the necessities of the ease which it has in hand; but it is not a court of general jurisdiction. The law has conferred upon it only limited powers. Thus, it is only in certain cases of joint tenure, that it is authorized to make partition. ' What those cases are,…
2Cases cited1 opinion
- Commonwealth v. PoolSupreme Court of Pennsylvania · 1837
3Cited by6 opinions
- Appeal of TaylorSupreme Court of Pennsylvania · 1888
- Hemmig EstatePennsylvania Orphans' Court, Berks County · 1951
- Kowala's EstatePennsylvania Orphans' Court, Susquehanna County · 1934
- Malusis EstatePennsylvania Orphans' Court, Luzerne County · 1951
- Provance v. Provance, Pennsylvania Court of Common Pleas, Fayette County1952
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