Stewart v. Brown
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Armstrong county. . ' 1 . This was an action of partition brought by Nathaniel Stewart against’Robert Brown. The plaintiff proved, that the land of which partition was demanded was purchased by the defendant and himself, as tenants in common,’ of the sheriff of Armstrong county, who sold- it by -virtue of an execution issued on a judgment obtained by Robert Stewart against James Reed..
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In Error. ERROR to the Common Pleas of Armstrong county. . ' 1 . This was an action of partition brought by Nathaniel Stewart against’Robert Brown. The plaintiff proved, that the land of which partition was demanded was purchased by the defendant and himself, as tenants in common,’ of the sheriff of Armstrong county, who sold- it by -virtue of an execution issued on a judgment obtained by Robert Stewart against James Reed.. Some time after this purchase the same land was sold for taxes, and the defendant became the purchaser. The plaintiff alleges, that the last purchase was made under an…
1Opinion of the Court
Tilghman C. J.
If the defendant purchased at the sale, for taxes under an agreement, that the plaintiff should be equally concerned, he would be considered in equity as holding for the plaintiff and himself as tenants in common. If the defendant himself, therefore, were in the actual occupation of this land, the plaintiff, would' be entitled to partition. And if Menor came into possession as tenant of the defendant, the plaintiff’s right to a partition would remain unimpaired, because the defendant would still be seised of the freehold, the possession . of his tenant being his own possession.…
2Cited by3 opinions
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Sheriff v. NealSupreme Court of Pennsylvania · 1837