Richards v. Richards
Superior Court of Pennsylvania
Appeal, No. 148, April T., 1906, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1903, No. 63, on verdict for defendant in case of William J. Richards v. Charles M. Richards, Ada E. Wills and the Pennsylvania Title & Trust Company, Trustee. Ejectment for an undivided one-seventh interest in real estate in the sixth ward of the city of Allegheny.
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Appeal, No. 148, April T., 1906, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1903, No. 63, on verdict for defendant in case of William J. Richards v. Charles M. Richards, Ada E. Wills and the Pennsylvania Title & Trust Company, Trustee. Ejectment for an undivided one-seventh interest in real estate in the sixth ward of the city of Allegheny. Before Brown, J. At the trial it appeared that Martin Richards died in 1892, leaving a will wherein he devised all of his property to his wife for life. He then provided as follows: “I give and bequeath to Ada E. Wills, William J.…
1Opinion of the Court
Opinion by
Henderson, J.,
The rule is firmly established that where one has a joint interest in an estate with another an obligation arises to uphold *513the joint interest. The law does not permit one to acquire an adverse title and set it up against his cotenant. The presumption is that each joint owner acts for all where a common interest is involved. The relationship of the parties forbids that one act in antagonism to another with reference to such interest. This rule was said, in Chorpenning’s Appeal, 32 Pa. 315, to be “ inflexible, without regard to the consideration paid or the honesty of…
2Cases cited6 opinions
- Chorpenning's AppealSupreme Court of Pennsylvania · 1858
- Weaver v. WibleSupreme Court of Pennsylvania · 1855
- Tanney v. TanneySupreme Court of Pennsylvania · 1893
- Enyard v. EnyardSupreme Court of Pennsylvania · 1899
- Gibson v. WinslowSupreme Court of Pennsylvania · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lund v. HeinrichSupreme Court of Pennsylvania · 1963
- Faust v. HecklerSupreme Court of Pennsylvania · 1948
- Douds' Petition, Pennsylvania Court of Common Pleas, Beaver County1947
- Lund v. HeinrichSupreme Court of Pennsylvania · 1963
- Sharp v. Sharp, Pennsylvania Court of Common Pleas, Bucks County1958