Albert v. National Outfitting Co.
Supreme Court of Pennsylvania
Appeal, No. 269, Jan. T., 1921, by plaintiff, from, order of C. P. Lehigh Co., April T., 1920, No. 112%, on petition to obtain possession of property, in case of Max Albert v. National Outfitting Co. Petition under Act of March 16, 1905, P. L. 42, to obtain possession of real estate from tenant for years, after partition proceedings. Before Groman, P. J. The opinion of the Supreme Court states the facts. The court entered an order disallowing claim- of petitioner.
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Appeal, No. 269, Jan. T., 1921, by plaintiff, from, order of C. P. Lehigh Co., April T., 1920, No. 112%, on petition to obtain possession of property, in case of Max Albert v. National Outfitting Co. Petition under Act of March 16, 1905, P. L. 42, to obtain possession of real estate from tenant for years, after partition proceedings. Before Groman, P. J. The opinion of the Supreme Court states the facts. The court entered an order disallowing claim- of petitioner. Petitioner appealed. Error assigned was order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
Appellant, to whom an undivided one-half interest in real estate had been awarded in partition proceedings,'— he already having title to the other half interest,— brought a proceeding in the court below to obtain possession of the property then held by a tenant for years. He bases his claim on the Act of March 16, 1905, P. L. 42, the second section of which provides that the party to whom land shall be adjudged in partition, may obtain possession thereof, in like manner as if the same had been sold by virtue of an execution, and on section 14 of the Act of April…
2Cited by3 opinions
- Schmidt v. HendersonNebraska Supreme Court · 1947
- McCullough's PetitionSupreme Court of Pennsylvania · 1923
- Wilford v. White, Pennsylvania Court of Common Pleas, Berks County1931