Neel's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Allegheny county: Of October and November Term 1878, No. 278. Archibald Neel died intestate in 1854, seised of real estate in Allegheny county, proceedings for the partition of which were commenced in the Orphans’ Court at June Term 1865. The inquest returned that said real estate could not be divided, and valued the same at §70,000. William Neel, one of the heirs, took the property at this valuation, he owning all the other…
Read the full summary
Appeal from the decree of the Orphans’ Court of Allegheny county: Of October and November Term 1878, No. 278. Archibald Neel died intestate in 1854, seised of real estate in Allegheny county, proceedings for the partition of which were commenced in the Orphans’ Court at June Term 1865. The inquest returned that said real estate could not be divided, and valued the same at §70,000. William Neel, one of the heirs, took the property at this valuation, he owning all the other shares, except that of Dorcas Colvin, and entered into a recognisance conditioned for the payment to Lessing S. Colvin,…
1Opinion of the Court
*96The judgment of the Supreme Court was entered, November 25th 1878,
2Per curiam
The Orphans’ Court had jurisdiction of this proceeding under the Act of 17th May 1866, 2 Br. Dig. 1111, pi. 55, 56. The owelty in the partition was charged upon the real estate accepted by' the appellant; and the charge thus made fell within the terms of the law. If the petitioner chose to pursue this remedy, it was open to him; and he was not bound to sue upon the recognisance.- There' is nothing in the Act of 1866 which excludes a resort to the other remedies pre-existing for thé recovery of the sum charged. When the purpose…
3Cited by2 opinions
- Philadelphia v. UnknownSuperior Court of Pennsylvania · 1906
- Celia's EstateSuperior Court of Pennsylvania · 1901