Carey v. Schaller
Superior Court of Pennsylvania
Appeal, No. 26, Jan. T., 1900, by plaintiffs, from decree of C. P. Luzerne Co., March T., 1900, No. 4, dismissing bill in equity in case of Merritt O. Carey v. G-. F. Schaller. Bill in equity for partition. Before Halsey, J. From the record it appeared that on August 3, 1895, G. F. Schaller, the defendant, for the consideration of $1,600, the receipt of which was duly acknowledged by the deed, conveyed an undivided one-half interest to certain property in Butler township.
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Appeal, No. 26, Jan. T., 1900, by plaintiffs, from decree of C. P. Luzerne Co., March T., 1900, No. 4, dismissing bill in equity in case of Merritt O. Carey v. G-. F. Schaller. Bill in equity for partition. Before Halsey, J. From the record it appeared that on August 3, 1895, G. F. Schaller, the defendant, for the consideration of $1,600, the receipt of which was duly acknowledged by the deed, conveyed an undivided one-half interest to certain property in Butler township. Carey lived with Schaller in one of the houses on the property until his death which occurred on December 6, 1896. After…
1Opinion of the Court
Opinion by
Beaver, J.,
Plaintiffs’ bill alleges that they and the defendant are seized and possessed in fee simple, as tenants in common, in equal shares of two certain pieces and lots of land in which M. D. Carey, now deceased, acquired an undivided one-half interest by deed from the defendant; that said M. D. Carey, being so seized of an undivided one-half interest, died intestate, leaving to survive him, as his heirs, the plaintiffs; that, by virtue of the laws of this commonwealth, the plaintiffs became seized at the death of their intestate of and in said undivided one-half interest in…
2Cases cited4 opinions
- Law v. PattersonSupreme Court of Pennsylvania · 1841
- Appeal of WelchSupreme Court of Pennsylvania · 1889
- McMasters v. CarothersSupreme Court of Pennsylvania · 1845
- Palethorp v. PalethorpSupreme Court of Pennsylvania · 1895
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- Bezjak, J. v. Diamond, M.Superior Court of Pennsylvania · 2016
- Sanders's EstateSuperior Court of Pennsylvania · 1909
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