Coleman v. Coleman
Supreme Court of Pennsylvania
Error to the Common Pleas of Lebanon county. The writ in this case issued to the Court of Common Pleas of Lebanon county, to remove the record and proceedings in a certain action of partition, wherein Robert Coleman and George Dawson Coleman were plaintiffs, and Robert W. Coleman, William Coleman, Edward B. Grubb, and Clement B. Grubb (plaintiffs in error) were defendants, and in which Henry P. Robeson and Clement Brooke were admitted to defend, pro interesse sui, hut not to…
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Error to the Common Pleas of Lebanon county. The writ in this case issued to the Court of Common Pleas of Lebanon county, to remove the record and proceedings in a certain action of partition, wherein Robert Coleman and George Dawson Coleman were plaintiffs, and Robert W. Coleman, William Coleman, Edward B. Grubb, and Clement B. Grubb (plaintiffs in error) were defendants, and in which Henry P. Robeson and Clement Brooke were admitted to defend, pro interesse sui, hut not to become parties. Pearson, J., directed a judgment quodpartitio fiat to be entered, in consequence of which this writ of…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Woodward, J.
The principal ground of defence against this action of partition is found in the agreement of SOth August, 1787. It is insisted, on the part of the plaintiffs in error, who were *103defendants below, that the instrument established a permanent tenancy in common in the ore-banks or mine-hills, and that partition of these cannot be had without violating the covenant of the parties, and sacrificing important interests which depend on its maintainance. On the part of the defendants in error, who were plaintiffs below, it is contended that…
2Cases cited2 opinions
- Hoffman v. CosterSupreme Court of Pennsylvania · 1837
- Morris v. GalbraithSupreme Court of Pennsylvania · 1839
3Cited by13 opinions
- Springer v. GaddySupreme Court of Virginia · 1939
- Sprouse v. WinstonSupreme Court of South Carolina · 1948
- Latshaw v. ShafferSupreme Court of Pennsylvania · 1888
- McInteer v. GillespieSupreme Court of Oklahoma · 1912
- Caldwell v. SnyderSupreme Court of Pennsylvania · 1896
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