Romig's Appeal
Supreme Court of Pennsylvania
APPEAL by John Romig and David Romig, intermarried with two of the daughters of Philip Rudy, deceased, from the decree of the orphans’ court, of Union county, confirming the proceedings upon a proceeding by writ of partition and valuation of the real estate of the said deceased.
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APPEAL by John Romig and David Romig, intermarried with two of the daughters of Philip Rudy, deceased, from the decree of the orphans’ court, of Union county, confirming the proceedings upon a proceeding by writ of partition and valuation of the real estate of the said deceased. In the petition presented to the court for the writ of partition and valuation, it was set out that the said Philip Rudy, deceased, died seised of several tracts of land, and also “ an undivided moiety of a tract of land containing three acres.” This tract he held as tenant in common with Michael Obermyer, who, upon…
1Per curiam
Of a part of the premises named in the writ and inquisition, the orphans’ court had not jurisdiction. The proper course, to divide the estate of an intestate tenant in common, was pointed out in Feather a. Strohœcker, 3 Penn. Rep. 505, and ought .to have been pursued here; for the consent of the other tenant in *416common could not give the orphans’ court a jurisdiction which the legislature had withheld from it. As then we cannot, quash the writ and inquisition in part, the whole must be quashed.
Proceedings quashed.
2Cited by3 opinions
- Buckley v. Superior Court of San FranciscoCalifornia Supreme Court · 1894
- Evans v. EvansSupreme Court of Pennsylvania · 1857
- Reagan EstatePennsylvania Orphans' Court, Fayette County · 1950