M'Creary v. Ross
Supreme Court of Pennsylvania
ERROR to the district court of Alleghany county. This was an action of account-render by P. J. M’Creary, William Hanna and Mary his wife, and others heirs at law of Sarah M’Creary deceased against John Ross. Robert Johnston died seised of a tract of land, leaving issue four children, of whom Sarah M’Creary, the plaintiff’s mother, was one, and the defendant was married to another.
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ERROR to the district court of Alleghany county. This was an action of account-render by P. J. M’Creary, William Hanna and Mary his wife, and others heirs at law of Sarah M’Creary deceased against John Ross. Robert Johnston died seised of a tract of land, leaving issue four children, of whom Sarah M’Creary, the plaintiff’s mother, was one, and the defendant was married to another. The tenants in possession of the land paid the rent to John Ross, the defendant, for several years after the death of Sarah M’Creary; but by what authority he received it did not appear. This action was brought by…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The action of account-render is founded on contract either express or implied. 3 Yeates 251. The defendant received the money for the use of his co-tenant, and in Irvine v. Hasler, 10 Serg. & Rawle 219, it is decided that account-tender is the proper remedy ; but the question is, may the co-tenant join in the suit, or must each bring suit for his own share. In general, tenants in common may join in a personal action for an entire injury to their property, as for trespass or other acts of damage to their tenements, as for breaking their houses…
2Cases cited1 opinion
- Irvine v. HanlinSupreme Court of Pennsylvania · 1823
3Cited by1 opinion
- Larzelere v. JonesSuperior Court of Pennsylvania · 1913