Fulton v. Miller
Supreme Court of Pennsylvania
Appeal, No. 286, Jan. T., 1898, by plaintiffs, from order of C. P. York Co., Aug. T., 1897, No. 1, making absolute a rule for distribution in partition. Rule to show cause why distribution should not be made in partition proceedings.
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Appeal, No. 286, Jan. T., 1898, by plaintiffs, from order of C. P. York Co., Aug. T., 1897, No. 1, making absolute a rule for distribution in partition. Rule to show cause why distribution should not be made in partition proceedings. The facts appear by the opinion of W. F. Bay Stewart, J., which was as follows : This was an action .of partition commenced by James C. Fulton, Louise A. Fulton, Samuel M. Fulton and John F. Fulton, who inherited the real estate of A. C. Fulton, demandants, against Dr. J. S. Miller, defendant. The plaintiffs in their declarations aver that they are each entitled…
1Opinion of the Court
Per Curiam,
The decree in this case is affirmed on the opinion of the learned court below. The settlement of the complicated accounts between the parties cannot be adjusted in this proceeding. Had the suggestion made in the opinion of this court in Fulton’s Appeal, 178 Pa. 78, been followed, it is quite probable this litigation would have been ended before now, but as that has not been done, a bill in equity is perhaps the only available remedy.
Decree affirmed and appeal dismissed at the cost of the appellants.
2Cases cited1 opinion
- In re Estate of FultonSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- Fulton's EstateSupreme Court of Pennsylvania · 1901