Appeal of Kelsey
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Lackawanna county: Inequity: Of January Term, 1886, No. 366. This was an appeal by Helen M. Kelsey, Cyrenus Wise and Ann Wise, his wife, in right of said Ann, Sidney Philip Stevens, Letta Ann Ruland, L. T. Brown and Rozelle, his wife, late Rozelle Stevens, in right of said Rozelle, E. T. Medway and Jennie, his wife, in right of said Jennie, Lillie Stevens,Zelda Stevens, Caleb E. Wright, Samuel Linn, Isaac P. Hand, Henry W. Palmer, C.…
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Appeal from the Court of Common Pleas of Lackawanna county: Inequity: Of January Term, 1886, No. 366. This was an appeal by Helen M. Kelsey, Cyrenus Wise and Ann Wise, his wife, in right of said Ann, Sidney Philip Stevens, Letta Ann Ruland, L. T. Brown and Rozelle, his wife, late Rozelle Stevens, in right of said Rozelle, E. T. Medway and Jennie, his wife, in right of said Jennie, Lillie Stevens,Zelda Stevens, Caleb E. Wright, Samuel Linn, Isaac P. Hand, Henry W. Palmer, C. F. Williams, Elisha Griffin and J. Me-Kiel Stevens, from a decree of said Court, decreeing a partition of certain real…
1Opinion of the CourtChief Justice Merctjk
*125This bill was to compel partition of lands in which the appellees held the undivided five ninths. The Coart decreed partition, and awarded to the appellants four ninths of the land. Their complaint now is the refusal of the Court to allot to them a proportionate value of the permanent improvements erected on the land by the appellees. It may be conceded that there may be cases of partition in which the improvements should be held to enure to the benefit of all the co-tenants. It is well intimated such might be the case where one co-tenant undertakes to improve the whole estate as by erecting…
2Cases cited1 opinion
- Crest v. JackSupreme Court of Pennsylvania · 1834
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- Bednar v. BednarSuperior Court of Pennsylvania · 1997
- Cobbett v. GallagherSupreme Court of Pennsylvania · 1940
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