Ebert v. Wood
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Fayeuc ~ county. Wood the plaintiff below, brought an action of partition against Ebert, to which he pleaded non tenent ins~inul. At the trial of the cause, Wood gave in evidence a deed from a certain 7ohn Lea to himself for an undivided moiety of the premises in the declaration, and another deed from the same Lea to the defendant for the other undivided moiety.
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In Error. THIS was a writ of error to the Common Pleas of Fayeuc ~ county. Wood the plaintiff below, brought an action of partition against Ebert, to which he pleaded non tenent ins~inul. At the trial of the cause, Wood gave in evidence a deed from a certain 7ohn Lea to himself for an undivided moiety of the premises in the declaration, and another deed from the same Lea to the defendant for the other undivided moiety. The defend~ ant then offered parol evidence to shew that Wood and himself, before the institution of the suit, had agreed to make partition, and that accordingly they met upon…
1Opinion of the Court
Tilghman C. J.
delivered the opinion of the court.
The defendant in error brought an action of partition against the plaintiff in error, who pleaded non tenent insimul, and thereupon issue was joined. On the trial of the issue, Ebert offered to give evidence of a parol partition having been made bylines run and marked on the ground, and of possession having been taken by each party respectively according to this partition, and the part allotted to each having been held in severalty from the time of the partition to the time of bringing the action. This evidence was overruled by the court, upon…
2Cited by13 opinions
- Calhoun v. HaysSupreme Court of Pennsylvania · 1844
- Merritt v. WhitlockSupreme Court of Pennsylvania · 1901
- Runco Et Vir v. OstroskiSupreme Court of Pennsylvania · 1949
- McKnight v. BellSupreme Court of Pennsylvania · 1890
- Berry v. SeawallCourt of Appeals for the Sixth Circuit · 1895
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