Ebbert's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the District Court of Allegheny county: No. 78, to October and November Term 1871. The decree in the court below was in the distribution of the proceeds of the sale of real estate under,an execution against “ G. L. Ebbert and Ardel Maclind, partners trading as Ebbert & Maclind.” The sheriff returned the land sold for $2650, which was referred for distribution to D. T. Watson, Esq., as auditor.
Read the full summary
Appeal from the decree of the District Court of Allegheny county: No. 78, to October and November Term 1871. The decree in the court below was in the distribution of the proceeds of the sale of real estate under,an execution against “ G. L. Ebbert and Ardel Maclind, partners trading as Ebbert & Maclind.” The sheriff returned the land sold for $2650, which was referred for distribution to D. T. Watson, Esq., as auditor. He reported that the defendants in the execution were partners in Allegheny county. On the 31st of March 1868, Andrew Kloman and Henry Phipps conveyed to “ Goddard L. Ebbert…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1872, by
Agnew, J.
We are pressed by the able argument for the appellant, and also by the doubt intimated by the auditor, to reverse this decree. But we cannot, without overruling a number of decisions heretofore made. The principle of stare decisis is too valuable, and the equity set up to overturn it too subtle to induce us to override so many cases. It is certainly determined, in a long train of decisions, that as to purchasers of the title and creditors having liens on it, a deed to persons who are in fact partners, but who take the title to…
2Cases cited2 opinions
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Hale v. HenrieSupreme Court of Pennsylvania · 1834
3Cited by7 opinions
- Stover v. StoverSupreme Court of Pennsylvania · 1897
- Warriner v. Mitchell, Pennsylvania Court of Common Pleas, Bradford County1889
- Estate of OliverSupreme Court of Pennsylvania · 1890
- Cundey v. HallSupreme Court of Pennsylvania · 1904
- Gunnison v. Erie Dime Savings & Loan Co.Supreme Court of Pennsylvania · 1893
2 more not listed; retrieve them via the Exa API.