Nevin v. Catanach
Supreme Court of Pennsylvania
Appeal, No. 317, Jan. T., 1919, by certain of defendants, from decree of C. P. No. 3, Philadelphia Co., March T., 1918, No. 5490, on bill in equity in case of David T. Nevin and Jessie C. Nevin, his wife, in the right of said Jessie C. Nevin, v. Margaret N. Catanach et al. Bill in equity for partition. Before Davis, J. The court entered a decree for partition. Certain of the defendant appealed. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Adam A. Catanach had his homestead in Chester County, where he died, and where his will was probated; May 28, 1918, plaintiffs filed a bill in the Common Pleas of Philadelphia praying partition of decedent’s lands, situate in both counties. The bill contained no averment that “the larger part of the estate in value” is located within the ordinary geographic jurisdictional limits of the court below, although such condition of fact is required by Section 1 of the Act of February 20, 1854, P. L. 89, in order to vest “power” in that tribunal “to entertain suits…
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