Steffen v. Hartzell
Supreme Court of Pennsylvania
IN ERROR. Error to the Common Pleas of Northampton county. Jacob Hartzell brought an action of account-render in that Court against John Steffen. The declaration contained two counts.
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IN ERROR. Error to the Common Pleas of Northampton county. Jacob Hartzell brought an action of account-render in that Court against John Steffen. The declaration contained two counts. The first count averred that “ whereas heretofore, to wit, on the first day of January, in the year of our Lord one thousand' eight hundred and thirty-two, and from thence for a long space of time, to wit, hitherto, the said Jacob was lawfully possessed of one undivided third part, the whole in three parts, to be divided, of and in a certain lime kiln, with the appurtenances, situated in the township of Upper…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J,
Jacob Hartzell brought an action of account-render against Steffen. This was not account-render at common law, *451but under the statute of 4 & 5 Ann. c. 16, § 27, which has been reported as adopted here, and is found in Roberts’s statutes, and recognized in Irwin v. Hanlon, (10 Serg. & Rawle, 220.)
The narr. expressly states the parties, to have been tenants in common of a lime kiln under the care and management of Steffen, • and demands an account of what he received more than his own share. The defendant stated himself to be entitled to one…
2Cases cited2 opinions
- Austin v. WalshMassachusetts Supreme Judicial Court · 1807
- Wright v. GuySupreme Court of Pennsylvania · 1823
3Cited by2 opinions
- Kemble v. KembleNew Jersey Court of Chancery · 1888
- Coleman v. Coleman, Pennsylvania Court of Common Pleas, Lebanon County1858