Legal Opinion

Grubb's Appeal

Supreme Court of Pennsylvania

Decided May 26, 1870PublishedCited by 5 opinions

In the matter of the accounts of Edward B. Grubb and Clement B. Grubb, trading as E. & C. B. Grubb, sur exceptions to the report of the master appointed by the Supreme Court in appeals from the decrees of the Court of Common Pleas of Lancaster county: In Equity: No. 49 and 74, to May Term 1869. On the 1st of August 1860, a bill was filed by Edward B. Grubb against Clement B. Grubb; the plaintiff having died, E. Burd Grubb, his administrator, was substituted.

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In the matter of the accounts of Edward B. Grubb and Clement B. Grubb, trading as E. & C. B. Grubb, sur exceptions to the report of the master appointed by the Supreme Court in appeals from the decrees of the Court of Common Pleas of Lancaster county: In Equity: No. 49 and 74, to May Term 1869. On the 1st of August 1860, a bill was filed by Edward B. Grubb against Clement B. Grubb; the plaintiff having died, E. Burd Grubb, his administrator, was substituted. The bill set out that H. B. Grubb died intestate, seised of several tracts of land in the counties of Lebanon, Dauphin, Lancaster and…

1Opinion of the Court

The opinion of the court was delivered, July 7th 1870, by

Agnew, J.

— This case has been so fully and ably examined and reported upon by Mr. Robb, the master appointed by this court, and his positions so well stated, a few comments only will be necessary in noticing the points of controversy, rather than the exceptions in detail.

His conclusion that the real estate was held in common by Edward B. Grubb and Clement B. Grubb, and not in partnership, is correct. This is not inconsistent with its use for partnership purposes, and its appearance in the partnership books to the extent made necessary…

2Cited by5 opinions

  1. Stotsenburg v. FrostSupreme Court of Pennsylvania · 1975
  2. Greenan v. ErnstSupreme Court of Pennsylvania · 1962
  3. Goodwill v. HeimSupreme Court of Pennsylvania · 1905
  4. In re H. A. Moore Co.District Court, M.D. Pennsylvania · 1929
  5. Stotsenburg v. FrostSupreme Court of Pennsylvania · 1975

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