McMasters v. Carothers
Supreme Court of Pennsylvania
Appeal. Appeal from the Orphans’ Court of Alleghany county. John McMasters, appellant, against Robert Carothers, guardian of Thomas Chalfant, Jun., appellee. Thomas Chalfant died intestate, leaving issue two children, viz., Thomas Chalfant, Jun., and Jane, intermarried with Dr. Gore. The real estate of intestate consisted of two tracts of land, situate in Alleghany County, containing in all about two hundred and sixty acres.
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Appeal. Appeal from the Orphans’ Court of Alleghany county. John McMasters, appellant, against Robert Carothers, guardian of Thomas Chalfant, Jun., appellee. Thomas Chalfant died intestate, leaving issue two children, viz., Thomas Chalfant, Jun., and Jane, intermarried with Dr. Gore. The real estate of intestate consisted of two tracts of land, situate in Alleghany County, containing in all about two hundred and sixty acres. Dr. Gore and wife, by deed dated January 4th, 1844, conveyed all their interest in the said lands, being one half thereof, to John McMasters, the appellant. During the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
An adverse holding by one tenant in common, for any length of time, however short, previous to the institution of an action of partition, will bar a recovery, in such form of action; for ejectment, and not partition, is the proper remedy against a person holding adversely. Law v. Patterson, 3 Watts & Serg. 184. When, therefore, it appears on a petition for a division of an intestate’s estate, that the intestate did not die seised, but that the premises are in the possession of another, claiming to hold adversely, it is the duty of the…
2Cases cited1 opinion
- Commonwealth v. Bank of PennsylvaniaSupreme Court of Pennsylvania · 1842
3Cited by9 opinions
- Appeal of WistarSupreme Court of Pennsylvania · 1887
- Leahey v. O'ConnorSupreme Court of Pennsylvania · 1924
- Carey v. SchallerSuperior Court of Pennsylvania · 1901
- Butler v. ButlerSupreme Court of Pennsylvania · 1954
- Chambers v. ReinholdSuperior Court of Pennsylvania · 1907
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