Caldwell v. Snyder
Supreme Court of Pennsylvania
Appeal, No. 10, Oct. T., 1896, by plaintiffs, from decree of C. P. Armstrong Co., June T., 1895, No. 222, dismissing bill in equity. Bill in equity for partition. Before Raybubn, P. J. -"'' From the record it appeared that plaintiffs and defendants were devisees under the will of Joseph Snyder.
Read the full summary
Appeal, No. 10, Oct. T., 1896, by plaintiffs, from decree of C. P. Armstrong Co., June T., 1895, No. 222, dismissing bill in equity. Bill in equity for partition. Before Raybubn, P. J. -"'' From the record it appeared that plaintiffs and defendants were devisees under the will of Joseph Snyder. The material portions of the will are as follows: “ I give, devise and bequeath, to my beloved wife, Mary Snyder, any of my household furniture she may wish to keep and to have two cows, one horse, one buggy and harness, and if she remains at the old homestead, which she may if she so desires, she…
1Opinion of the Court
Opinion by
Mr. Chief Justice Stebbett,
The rule of the civil as of the common law, that no one should be compelled to hold property in common with another, grew out of a purpose to prevent strife and disagreement: Story’s Eq. sec. 648 ; and additional reasons are found in the more modem policy of facilitating the transmission of titles and in the inconvenience of joint holding. The early remedy was limited in its scope; but has been developed until, as has been said, practically the right of partition exists without regard to its difficulties: Story’s Eq. sec. 656; Wiseley v. Findley, 15 Am.…
2Cases cited8 opinions
- Brown v. Lutheran ChurchSupreme Court of Pennsylvania · 1854
- Appeal of KelseySupreme Court of Pennsylvania · 1886
- Coleman v. ColemanSupreme Court of Pennsylvania · 1852
- Duke v. HagueSupreme Court of Pennsylvania · 1884
- Sheridan v. Sheridan, Pennsylvania Court of Common Pleas, Philadelphia County1890
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Madruga v. Superior Court of Cal., County of San DiegoSupreme Court of the United States · 1954
- Lombardo v. DeMarcoSupreme Court of Pennsylvania · 1985
- Tombs EstateSuperior Court of Pennsylvania · 1944
- Carter's EstateSupreme Court of Pennsylvania · 1909
- Scott's EstateSuperior Court of Pennsylvania · 1908
9 more not listed; retrieve them via the Exa API.