Legal Opinion

Appeal of Wistar

Supreme Court of Pennsylvania

Decided March 28, 1887PublishedCited by 10 opinions

Appeal from the Orphans’ Court of Philadelphia county: Of July Term, 1886, No. 198. Appeal of Richard Wistar and William Lewis Wistar from the decree of said court, confirming an inquisition in partition and ordering the real estate of Richard Wistar, deceased, to be sold unless the parties iu interest accepted them at the1 appraised value.

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Appeal from the Orphans’ Court of Philadelphia county: Of July Term, 1886, No. 198. Appeal of Richard Wistar and William Lewis Wistar from the decree of said court, confirming an inquisition in partition and ordering the real estate of Richard Wistar, deceased, to be sold unless the parties iu interest accepted them at the1 appraised value. This was a petition to the Orphans’ Court by Lewis A. Scott, guardian and next friend of Alexander H. Scott, a minor, John M. Scott and Lewis A. Scott, Jr., for partition of certain real estate of Richard Wistar, deceased. The following are the facts of…

1Opinion of the CourtJustice Trunkey

The petitioners set forth their title, the names and interest of the tenants in common, and the adjudication resulting in the possession by each tenant of his undivided interest in the land embraced in the partition. Upon the answer of Supplee, the lot in his possession, which he claims adversely to the petitioners, was excluded.

The appellants filed a plea denying that they are tenants in common with petitioners, denying the right of the petitioners to any portion of the land, or to have partition thereof; and they claim to hold the real estate exclusive of the partitioners. This plea is…

2Cases cited3 opinions

  1. Law v. PattersonSupreme Court of Pennsylvania · 1841
  2. McMasters v. CarothersSupreme Court of Pennsylvania · 1845
  3. Lewis v. PrattSupreme Court of Pennsylvania · 1836

3Cited by10 opinions

  1. Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
  2. East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
  3. Cooley v. HoustonSupreme Court of Pennsylvania · 1911
  4. Heinze v. Butte & Boston Consolidated Min. Co.Court of Appeals for the Ninth Circuit · 1903
  5. Leahey v. O'ConnorSupreme Court of Pennsylvania · 1924

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