Legal Opinion

Broadhurst v. Broadhurst

Supreme Court of Pennsylvania

Decided March 29, 1915No. Appeal, No. 178PublishedCited by 5 opinions

Appeal, No. 178, Jan. T., 1914, by plaintiff, from decree of C. P. Bucks Co., Jan. T., 1913, No. 4, dismissing bill in equity for an accounting, in case of Joseph J. Broadhurst v. Horace G. Broadhurst. Bill in equity for an accounting. Before Ryan, P. J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiff appealed. Error assigned, among others, was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

This bill was filed by a tenant in common, not in possession, against his cotenant in possession, to compel an accounting by the latter for rents, issues and profits received by him during the period in question, and to ascertain the rental value of the real estate occupied by appellee to the end that he be charged with the same in the accounting. The real estate involved in the controversy descended from their father under the intestate laws and the parties took title as tenants in common. Prior to the filing of the present bill in the Common Pleas, appellant…

2Cases cited2 opinions

  1. Lancaster v. FlowersSupreme Court of Pennsylvania · 1904
  2. Enterprise Oil v. National Transit Co.Supreme Court of Pennsylvania · 1896

3Cited by5 opinions

  1. Mertz v. MertzSuperior Court of Pennsylvania · 1939
  2. Sheridan v. CoughlinSupreme Court of Pennsylvania · 1945
  3. Fisher EstatePennsylvania Orphans' Court, Philadelphia County · 1962
  4. Kenin's EstatePennsylvania Orphans' Court, Philadelphia County · 1941
  5. Simmons EstatePennsylvania Orphans' Court, Philadelphia County · 1962

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