Legal Opinion

Latshaw v. Shaffer

Supreme Court of Pennsylvania

Decided October 1, 1888No. 330PublishedCited by 16 opinions

FROM THE DECREE OF THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY, IN EQUITY. No. 330 January Term 1888, Sup. Ct.; court below, No. 139 Eq.

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FROM THE DECREE OF THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY, IN EQUITY. No. 330 January Term 1888, Sup. Ct.; court below, No. 139 Eq. D. On December 24, 1885,' H. B. Latsbaw, Isaac Reitz and John Tressler, trustees of St. Peter’s Church, filed a bill in equity against D. W. Shaffer, trustee of St. David’s Church and congregation; John Hetrick, trustee of Himmel’s Church and congregation; W. A. Shaffer, trustee of St. Paul’s Church and congregation, and Samuel Long, trustee of Emanuel’s Clmreh and congregation, praying for a commission of partition to divide and allot certain real…

1Opinion of the Court

Opinion,

Mr. Chief Justice Gordon:

Whilst it may be admitted that partition is an incident of tenancies in common, a right which vests in the several tenants by virtue of the title by which they hold, yet, like every other mere legal right of which persons may be possessed, it may be waived by the contract of the parties. Partners may purchase land for the use of the partnership, and take title thereto as tenants in common, and yet, during the continuance of the firm, it would, I suppose, hardly be contended that one of the partners might avoid his contract by compelling partition. In such…

2Cases cited1 opinion

  1. Coleman v. ColemanSupreme Court of Pennsylvania · 1852

3Cited by16 opinions

  1. Shoup v. ShoupSupreme Court of Pennsylvania · 1976
  2. Henderson v. HendersonSupreme Court of Iowa · 1907
  3. Carolina Mineral Co. v. YoungSupreme Court of North Carolina · 1941
  4. Kayann Properties, Inc. v. CoxSupreme Court of North Carolina · 1966
  5. Rice v. RiceSupreme Court of Pennsylvania · 1976

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