Byers v. Byers
Supreme Court of Pennsylvania
Appeal, No. 53, Oet. T., 1897, by plaintiff, from judgment of C. P. Westmoreland Co., November Term, 1895, No. 66, on verdict for defendant. Common law action of partition. Before McConnell, J. At the trial it appeared that both plaintiff and defendant were sons of John Boyer, deceased, but the family name during the lapse of years was changed from Boyer to Byers. Plaintiff claimed partition of the coal underlying a tract of land of which his father had died seized.
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Appeal, No. 53, Oet. T., 1897, by plaintiff, from judgment of C. P. Westmoreland Co., November Term, 1895, No. 66, on verdict for defendant. Common law action of partition. Before McConnell, J. At the trial it appeared that both plaintiff and defendant were sons of John Boyer, deceased, but the family name during the lapse of years was changed from Boyer to Byers. Plaintiff claimed partition of the coal underlying a tract of land of which his father had died seized. The material portion of the will of John Boyer who died in 1835 was as follows : “ And as to my land in Mt. Pleasant township it…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The pai'ties derived title in common, under the will of their father, in 1835. In 1895 appellant brought this action for partition of the coal only, thereby admitting that the surface of the land was held in severalty; the appellee defended on a parol partition claimed to have beeu made in 1848. Both parties therefore agreed that there was a partition, and as it was admitted that there had never beeu any deed between them, the partition necessarily rested in parol. Appellant however claimed that what was done in 1848 was a temporary division of the surface for…
2Cases cited5 opinions
- Caldwell v. CopelandSupreme Court of Pennsylvania · 1861
- McKnight v. BellSupreme Court of Pennsylvania · 1890
- Coleman v. ColemanSupreme Court of Pennsylvania · 1852
- Ebert v. WoodSupreme Court of Pennsylvania · 1807
- Mellon v. ReedSupreme Court of Pennsylvania · 1887
3Cited by6 opinions
- Merritt v. WhitlockSupreme Court of Pennsylvania · 1901
- Runco Et Vir v. OstroskiSupreme Court of Pennsylvania · 1949
- Bolinger v. BarnhardtSuperior Court of Pennsylvania · 1916
- Casteel v. CasteelSupreme Court of Arkansas · 1943
- Rockwell v. KeeferSuperior Court of Pennsylvania · 1909
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