Dana v. Jackson
Supreme Court of Pennsylvania
In error to the Common Pleas of Wyoming county. July 18. This was an action of partition, brought by Asa S. Dana, the plaintiff in error, against J ohn J aclcson.
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In error to the Common Pleas of Wyoming county. July 18. This was an action of partition, brought by Asa S. Dana, the plaintiff in error, against J ohn J aclcson. The material facts of the case, as stated by his hónour, Judge Coulter, who delivered the opinion of this court, and as they appeared by the paper book, are the following: Dana, the plaintiff, brought his action of partition against Jackson, in which judgment was rendered in his favour for two-thirds of the premises, and in favour of Jackson, the defendant, for the other third. A writ de partitione faeienda was then issued to the…
1Opinion of the Court
Coulter, J.,
(after stating the case.) The plaintiff alleges that the act of 5th May, 1841, governs the case. The act is in these words: “ That in all eases of partition in the Common Pleas, the court shall allow the holders of the titles to the lands, or parts thereof, to take the same or parts thereof consecutively, according to the dates of their respective titles, legal or equitable, and shall on application grant a rule on all persons concerned to come into court, on a certain day by them to be fixed, to accept or refuse the estate or a portion thereof, as the case may be; and if the…
2Cases cited1 opinion
- Seidenbender v. Charles's administratorsSupreme Court of Pennsylvania · 1818