Smith v. Ridge
Superior Court of Pennsylvania
Appeal, No. 109, April T., 1916, by defendants, from decree of C. P. Allegheny Co., April T., 1915, No. 1222, on bill in equity in case of Emma L. Smith v. Mary Ridge, et al. Bill in equity for an accounting of rents. Before Brown, J. The opinion of the Superior Court states the case. Error assigned was decree awarding share of rents to complainant.
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff by agreement in writing conveyed to the defendant “all the interest in the property described in the bill of equity filed......which was prior to his death in Charles E. Smith, her husband, to wit, an undivided one-seventh of the property.” The agreement is plain that her interest at the time of her husband’s death was to be the subject of the contract. Her share of the rents accruing since the death of her husband is not referred to in the paper and therefore not covered by any of its provisions. The court below, sitting as a chancellor, necessarily…
2Cases cited5 opinions
- Byers v. ByersSupreme Court of Pennsylvania · 1904
- Strause v. BergerSupreme Court of Pennsylvania · 1908
- Commonwealth v. StevensSupreme Court of Pennsylvania · 1897
- Schmeck v. Muhlenberg Township School DistrictSuperior Court of Pennsylvania · 1915
- Rickol v. SeatonSuperior Court of Pennsylvania · 1915
3Cited by1 opinion
- Rosensteel v. LongSuperior Court of Pennsylvania · 1917