Ernst v. Zerbe

Opinion delivered April 6, 1874, by

Pershing, P. J.

The heirs of John Clauser, ten in number, were tenants in common of a tract of land situate in Branch township, Schuylkill county. Martin Zerbe, the defendant, is the husband of Catharine Zerbe, one of the plaintiffs, and also one of the heirs of said John Clauser. The bill in this case prays for a decree to compel Martin Zerbe to specifically perform and carry out the terms of an amicable partition of the said tract of land, and to execute proper conveyances to the several parties.

It appears from the evidence, that in 1867 a parol agreement…