Appeal of McCandless
Supreme Court of Pennsylvania
October 7th 1881. Before Shabswood, O. J., Mercur, Paxson, Trunkey, Sterrett, and Green, JJ. Gordon, J., absent. Certiorari to and appeal from the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term 1881, No. 1S3. Appeal by Wilson McCandless et al., executors of Robert W. Mackey, deceased, from a decree of said court dismissing their exceptions to the report of an auditor distributing the proceeds of a sheriff’s sale, and confirming the report.
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October 7th 1881. Before Shabswood, O. J., Mercur, Paxson, Trunkey, Sterrett, and Green, JJ. Gordon, J., absent. Certiorari to and appeal from the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term 1881, No. 1S3. Appeal by Wilson McCandless et al., executors of Robert W. Mackey, deceased, from a decree of said court dismissing their exceptions to the report of an auditor distributing the proceeds of a sheriff’s sale, and confirming the report. The facts material to this case were as follows: — John Adams died December 3d 1872, having by his will dated January 25th…
1Opinion of the CourtJustice Mercur
Neither a judgment nor a mortgage lien against one tenant in common prevents a partition, either at his instance or at that of any other of the tenants. Bavington v. Clarke, 2 P. & W. 115. The mortgagee of an interest in an undivided estate, is not entitled to be made a party to a proceeding in partition : Long’s Appeal, 27 P. F. Smith, 151. He has an incumbrance only on the land : but no estate in it. He has no right whereby he can elect to take or to refuse a purpart, nor can lie give security for owelty: Id. The primary object of partition is to divide the land among the tenants according…
2Cases cited4 opinions
- Jackson ex dem. People v. PierceNew York Supreme Court · 1813
- Randell v. MallettSupreme Judicial Court of Maine · 1836
- Long v. LongSupreme Court of Pennsylvania · 1832
- Noble v. MarkleyOhio Supreme Court · 1833
3Cited by6 opinions
- Eastman v. SohlOhio Court of Appeals · 1940
- Bingaman v. McCandlessSuperior Court of Pennsylvania · 1913
- Estate of SnivelySupreme Court of Pennsylvania · 1889
- Calvano's EstatePennsylvania Orphans' Court, Washington County · 1939
- Commonwealth v. Rogers, E., Aplt.Supreme Court of Pennsylvania · 2021
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