Lefevre's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Court of Common Pleas of Cumberland county: No. 106, to May Term 1871. The proceedings in the court below were in the distribution of a fund arising from a sheriff’s sale of real estate under an execution at the suit of The Goodyear Rubber Belting and Packing Company, against Gilson Smith, John Smith and John Gribble, trading as Gilson Smith & Co. The fund was claimed by the creditors of Gilson Smith & Co. as the proceeds of partnership property of the firm,…
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Appeal from tbe Court of Common Pleas of Cumberland county: No. 106, to May Term 1871. The proceedings in the court below were in the distribution of a fund arising from a sheriff’s sale of real estate under an execution at the suit of The Goodyear Rubber Belting and Packing Company, against Gilson Smith, John Smith and John Gribble, trading as Gilson Smith & Co. The fund was claimed by the creditors of Gilson Smith & Co. as the proceeds of partnership property of the firm, and by the individual creditors. of Gilson Smith and John Gribble as the individual property of Smith and Gribble. The…
1Opinion of the Court
The opinion of the court was delivered, May 25th 1871, by
Sharswood, J.
The subject of partnership in real estate was before this court in the early ease of McDermat v. Lawrence, 7 S. & R. 438, and the principles of law in relation to 'it, enunciated and explained by Chief Justice Tilghman in a luminous and exhaustive opinion. He examined all the authorities in England and this country, and the conclusion at which he arrived was, that as to strangers, — purchasers, mortgagees and creditors, — the agreement of partners to make real estate part of the common stock, must be evidenced by writing,…
2Cases cited3 opinions
- Hale v. HenrieSupreme Court of Pennsylvania · 1834
- Henderson v. HaysSupreme Court of Pennsylvania · 1834
- Woolsey v. SeelyOhio Supreme Court · 1883
3Cited by5 opinions
- Warriner v. Mitchell, Pennsylvania Court of Common Pleas, Bradford County1889
- Rosenberger v. KueselSupreme Court of Pennsylvania · 1928
- Jackson v. GuntonSupreme Court of Pennsylvania · 1907
- Gunnison v. Erie Dime Savings & Loan Co.Supreme Court of Pennsylvania · 1893
- Smith v. BrownSupreme Court of Pennsylvania · 1928