Lincoln v. Africa
Supreme Court of Pennsylvania
Appeal, No. 168, Jan. T., 1909, by Jane Miller, defendant, from decree of C. P. Hunting-don Co., May T., 1908, No. 148, confirming return of sale in case of J. G. Lincoln and C. H. Glazier v. Lena Africa, J. Stewart Africa, Jane Miller and W. M. Miller. Bill in equity for partition. Before Woods, P. J. The opinion of the Supreme Court states the case. Error assigned was decree confirming return of sale by the master.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The appeal in this case brings up the record of a partition proceeding in equity. Several errors are presented, at least one of which is fundamental. Instead of a trial *548before a referee, or in open court, as required by the equity rules, this case was practically tried before a master in chancery, an office expressly abolished by the new rules. In Palethorp v. Palethorp, 184 Pa. 585, under similar circumstances, we said: “The fact is brought to our attention by an examination of this record that the equity rules have been utterly disregarded, and that there…
2Cases cited8 opinions
- Hill v. MeyersSupreme Court of Pennsylvania · 1862
- Bowers v. BowersSupreme Court of Pennsylvania · 1880
- Palethorp v. PalethorpSupreme Court of Pennsylvania · 1898
- Chester Traction Co. v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1897
- McCormick's AppealSupreme Court of Pennsylvania · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Brotman v. BrotmanSupreme Court of Pennsylvania · 1946
- Hoog v. DiehlSuperior Court of Pennsylvania · 1938
- Dunshee v. DunsheeSupreme Court of Pennsylvania · 1912
- Lincoln v. WakefieldSupreme Court of Pennsylvania · 1912
- Messmore's EstateSupreme Court of Pennsylvania · 1927
10 more not listed; retrieve them via the Exa API.