Legal Opinion

M'Dermot v. Laurence

Supreme Court of Pennsylvania

Decided December 17, 1821PublishedCited by 6 opinions

Point Reserved. THOMAS HARRISON, Philip Jones, William M‘llhennyi. and John Encell, purchased from James Pemberton, , r , r , . , , , -r a lot ol ground, tor which they took , a conveyance in tee simple as tenants in common, charged with a ground rent of 100 dollars a year, which- was the only consideration paid to Pemberton.

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Point Reserved. THOMAS HARRISON, Philip Jones, William M‘llhennyi. and John Encell, purchased from James Pemberton, , r , r , . , , , -r a lot ol ground, tor which they took , a conveyance in tee simple as tenants in common, charged with a ground rent of 100 dollars a year, which- was the only consideration paid to Pemberton. Harrison and the other three were partners in a glass-work, by the name of Thomas Harrison & Co. ’ M'Ilhenny sold all his interest in this lot to Robert C. Martin, on the 27th June, 1808, subject to his proportion of the ground rent, and also' subject to the- said…

1Opinion of the Court

The opinion of the Court was delivered by

Tilghman C. J.

[After stating the cast*.]—How far, land conveyed to partners, as tenants in common, shall be considered as partnership property,and whether it changes its na» ture and becomes personal estate, has been the subject of dis - *441cussion in England and in some of the United States of America, but does not. appear to have been decided by this Court. Land; except for the purpose of erecting necessary buildings, is not naturally an object of trade or commerce-.' Yet there - . • .1 is no doubt, that by the agreement ot the partners,-it may be…

2Cases cited3 opinions

  1. Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
  2. Coles v. ColesNew York Supreme Court · 1818
  3. Forde v. HerronSupreme Court of Virginia · 1814

3Cited by6 opinions

  1. Sigourney v. MunnSupreme Court of Connecticut · 1828
  2. Frink v. BranchSupreme Court of Connecticut · 1844
  3. Arnold v. WainwrightSupreme Court of Minnesota · 1861
  4. Hogle v. LoweNevada Supreme Court · 1877
  5. Tillinghast, Receiver v. Champlin OthersSupreme Court of Rhode Island · 1856

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