Appeal of Fidelity Insurance Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 4, of Philadelphia Bounty, In Equity: Of January Term, 1884, No. 287. Bill in Equity for partition filed October 5th, 1880, by The Fidelity Insurance Trust and Safe Deposit Company, guardian of Margaretta Price Norris, against the City of Philadelphia. The bill set forth the plaintiff’s title, which was denied by the answer.
Read the full summary
Appeal from the Court of Common Pleas, No. 4, of Philadelphia Bounty, In Equity: Of January Term, 1884, No. 287. Bill in Equity for partition filed October 5th, 1880, by The Fidelity Insurance Trust and Safe Deposit Company, guardian of Margaretta Price Norris, against the City of Philadelphia. The bill set forth the plaintiff’s title, which was denied by the answer. The cause was then referred to Henry J. McCarthy, Esquire, as Master, before whom proofs were taken, which showed that plaintiffs were entitled to one sixteenth of the property mentioned in the bill. This consisted of a lot of…
1Opinion of the CourtJustice Sterrett
The Act of April 27th, 1864, “relative to costs in eases of partition,” provides, “ That the costs in all cases of partition in the Common Pleas and Orphans’ Court of tins Commonwealth, with a reasonable allowance to the plaintiffs or petitioners for counsel fees, to be taxed by the court or "under its direction, shall be paid by all the parties in proportion to their several interests: ” P. L., 641.
If there ever was any doubt as to the object and scope of tins Act, it should have been dispelled by what was said in Snyder’s Appeal, 4 P. F. S., 67, and Grubb’s Appeal, 1 Norris, 23. The…
2Cited by4 opinions
- Novy v. NovySupreme Court of Pennsylvania · 1936
- Breen's EstateSuperior Court of Pennsylvania · 1942
- Wilson v. McHale, Pennsylvania Court of Common Pleas, Philadelphia County1947
- Wilson v. Myers, Pennsylvania Court of Common Pleas, Montgomery County1950