Darrah's Appeal
Supreme Court of Pennsylvania
From the Orphans’ Court of Bucks. March 30. Petition for partition, there being six heirs. The inquest divided the land into thirteen purparts; an exception was filed, “ that the inquest have divided the property into more purparts than there are heirs.” Upon this, the court set aside the inquisition.
1Opinion of the CourtBell, J.
In Sampson’s Appeal, 4 W. & S. 86, it was determined the Orphans’ Court possessed no power, under the act of 1832, to order a sale of a purpart of the land of a decedent, when it had, under proceedings in partition, been divided into as many shares as there were heirs, though the value of the several purparts was unequal. This decision was based upon a somewhat strict construction of the act, and was undoubtedly in contradiction of what was the general understanding and practice throughout the state. Being found to operate inconveniently, it produced the act of 15th of April, 1845, by which…
2Cases cited1 opinion
- Sampson's AppealSupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- Hudson v. . AmanSupreme Court of North Carolina · 1912