Lockhart v. Power
Supreme Court of Pennsylvania
WRIT of error to the common pleas of Tioga county. This was an action of partition by Margaret Power, Sarah Power, Maria Power, Thomas Lewis and others against Josiah Lockhart, who pleaded non tenet insimul. On the trial it appeared that Margaret Power and Thomas Lewis had parted with their title previously to the commencement of the action : and this was made a ground of objection to the plaintiffs’ right to recover.
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WRIT of error to the common pleas of Tioga county. This was an action of partition by Margaret Power, Sarah Power, Maria Power, Thomas Lewis and others against Josiah Lockhart, who pleaded non tenet insimul. On the trial it appeared that Margaret Power and Thomas Lewis had parted with their title previously to the commencement of the action : and this was made a ground of objection to the plaintiffs’ right to recover. The court below did not sustain the objection, and the plaintiffs obtained a judgment quod partitio fiat, and did make partition.
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Margaret Power, Sarah Power, Maria Power, Alexander Power, Louisa Power and William Power, heirs of Alexander Power deceased, assignee of Ephraim Hunter, and Thomas Lewis, Enoch Passmore and wife and others, heirs of Lewis Lewis deceased, *372all joined as co-plaintiffs in the court below in bringing this suit, which is an action of partition, against the plaintiff in error. He pleaded non tenet insimul, upon which issue was taken and the cause tried. On the trial, it appeared that Margaret Power and Thomas Lewis, two of the plaintiffs below,…
2Cited by2 opinions
- Holden's Administrators v. M'Makin, Pennsylvania Court of Common Pleas, Philadelphia County1847
- McNulty v. O'DonnellSuperior Court of Pennsylvania · 1905