Legal Opinion

Stewart v. Allegheny National Bank

Supreme Court of Pennsylvania

Decided November 20, 1882PublishedCited by 10 opinions

Error to the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1882, No. 100. Assumpsit, by W. C. Stewart and M. Eva Stewart his wife in right of said wife, against The Allegheny National Bank of Pittsburgh Penna. to recover one-half of all the rent collected by defendant from certain real estate in the City of Pittsburgh.

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Error to the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1882, No. 100. Assumpsit, by W. C. Stewart and M. Eva Stewart his wife in right of said wife, against The Allegheny National Bank of Pittsburgh Penna. to recover one-half of all the rent collected by defendant from certain real estate in the City of Pittsburgh. On the trial, before Collier, J., the following facts appeared : William B. Hays was in his lifetime seised, inter alia, of an undivided half interest in the lot in question. His son William B. Hays, Jr., was seised of the other undivided half interest in the…

1Opinion of the CourtJustice Mercur

This contention relates to the interest which the defendant acquired in a certain lot, by purchase at sheriff’s sale of the interest of one of the co-tenants therein, after partition.

The facts necessary to a proper understanding of the case are these to wit: Wm. B. Hays, Sr., and Wm. B. Hays, Jr., were each seised of the undivided one-half interest in the lot. The father devised his undivided one-half interest to his five children, to wit: Wm. B. Jr., Margaret, Curtis H., Lydia C., and M. Eva Stewart, the plaintiff, in equal shares. Soon after the death of his' father, Wm. B. Jr., purchased…

2Cited by10 opinions

  1. Eckels v. StuartSupreme Court of Pennsylvania · 1905
  2. Patterson's EstateSupreme Court of Pennsylvania · 1912
  3. Malone v. MaloneOhio Court of Appeals · 1963
  4. Bingaman v. McCandlessSuperior Court of Pennsylvania · 1913
  5. Lawrence v. KornSupreme Court of Pennsylvania · 1898

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