Legal Opinion

Hayes v. Treat

Supreme Court of Pennsylvania

Decided November 9, 1896No. Appeal, No. 52PublishedCited by 8 opinions

Appeal, No. 52, Oct. T., 1896, by-defendants, from judgment of C. P. Washington Co., May T., 1895, No. 45, on verdict for plaintiffs. Before Green, Wil- Ejectment for a lot of land in the borough of Washington.

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Appeal, No. 52, Oct. T., 1896, by-defendants, from judgment of C. P. Washington Co., May T., 1895, No. 45, on verdict for plaintiffs. Before Green, Wil- Ejectment for a lot of land in the borough of Washington. Before Taylor, J. At the trial, the common source of title by agreement being Mrs. Martha B. Montgomery, an heir or devisee of the estate of George Black, deceased, the plaintiffs rested on proof of a deed from A. J. Montgomery and Martha B., his wife, dated April 29, 1874, conveying the property described in the writ to “S. B. Hayes and Charles Hays” in fee, the will of Charles Hayes,…

1Opinion of the Court

Opinion by

Me. Justice Williams,

Sheldon B. Hayes and Charles Hayes were brothers and partners in business. The time when the partnership was entered *322into does not appear but it seems to have been in existence and to have been successfully conducted for many years prior to 1873. In that year they entered into an agreement as partners for the purchase from Mrs. Martha B. Montgomery of the lot of land in the borough of Washington now in controversy, for the price of $3,100. The purchase money was paid out of partnership funds. They entered into possession as partners and conducted a partnership…

2Cases cited8 opinions

  1. Collner v. GreigSupreme Court of Pennsylvania · 1890
  2. Meason v. KaineSupreme Court of Pennsylvania · 1870
  3. Warriner v. Mitchell, Pennsylvania Court of Common Pleas, Bradford County1889
  4. Shafer's AppealSupreme Court of Pennsylvania · 1884
  5. Erwin's AppealSupreme Court of Pennsylvania · 1861

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3Cited by8 opinions

  1. Dominski v. GarrettSuperior Court of Pennsylvania · 1980
  2. Stover v. StoverSupreme Court of Pennsylvania · 1897
  3. Gilberton Coal Co. v. SchusterSupreme Court of Pennsylvania · 1961
  4. Ihmsen v. HustonSupreme Court of Pennsylvania · 1915
  5. In re GambleDistrict Court, W.D. Pennsylvania · 1926

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