Love v. Robinson
Supreme Court of Pennsylvania
Appeal, No. 76, Oct. T., 1907, by plaintiff, from decree of C. P. No. 1, Allegheny Co., Sept. T., 1906, No. 106, dismissing bill in equity in case of Mary A. Love v. John W. Robinson and Andrew L. Robinson. Bill in equity for partition. Over, J., specially presiding, filed the following opinion: This is a bill for partition of land, and the only disputed question is whether or not a cemetery lot is a subject of partition.
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Appeal, No. 76, Oct. T., 1907, by plaintiff, from decree of C. P. No. 1, Allegheny Co., Sept. T., 1906, No. 106, dismissing bill in equity in case of Mary A. Love v. John W. Robinson and Andrew L. Robinson. Bill in equity for partition. Over, J., specially presiding, filed the following opinion: This is a bill for partition of land, and the only disputed question is whether or not a cemetery lot is a subject of partition. FINDINGS of fact. 1. The parties to this bill are the owners in fee simple as tenants in common of the different tracts of land described in the first paragraph of the bill…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The single question in this case is, as stated by the learned judge below, whether or not a cemetery lot is a subject of partition. In the opinion filed by the. court it has fully found the facts, and clearly demonstrated that reason and precedent alike deny the right to such partition. The decree entered below is affirmed on the opinion.
We think it clear that the title held to the cemetery lot in question by the plaintiff and the defendants, who took it by inheritance from Mary Ann Robinson, deceased, is not a subject of partition. Aside from any question of…
2Cases cited1 opinion
- Love v. RobinsonSupreme Court of Pennsylvania · 1906
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