Klohs v. Reifsnyder
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: No. 134, to January Term 1869. This was an action of partition, commenced June 24th 1867, by David McKnight, committee, &c., of Henry Klohs, an habitual drunkard, against Aaron Klohs, for certain real estate devised to Aaron and Henry by their father, Jacob Klohs, Aaron being the elder.
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Error to the Court of Common Pleas of Berks county: No. 134, to January Term 1869. This was an action of partition, commenced June 24th 1867, by David McKnight, committee, &c., of Henry Klohs, an habitual drunkard, against Aaron Klohs, for certain real estate devised to Aaron and Henry by their father, Jacob Klohs, Aaron being the elder. The declaration averred the joint holding by Aaron Klohs and Henry Klohs of two tracts, one of 132 acres, and the other of 15 acres of land in Muhlenberg township,’Berks county, and recited that Jacob Klohs directed by his will that in case his said two sons…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Agnew, J.
The Act of 20th February 1867, Pamph. L. 1867, p. 30, puts at rest any doubt which might have been entertained as to the power of the committee of a lunatic or habitual drunkard to maintain an action of partition. Actions for the purpose of remedy merely might have been prosecuted and defended before under the general authority of the committee. The first assignment of error is not supported.
The answer to the second assignment of error is that the declaration avers an offer by the committee to proceed under the will, and a…
2Cited by2 opinions
- Eyerman v. Detwiller, Pennsylvania Court of Common Pleas, Northampton County1890
- Harbin v. HardeSuperior Court of Pennsylvania · 1940