Power v. Power
Supreme Court of Pennsylvania
ERROR to the common pleas of Perry county. This was an action of partition in the court of common pleas of Perry county, in which the parties were William Power, plaintiff, against Alexander Power, Edward Power, Dr John M. Laird, and Julia his wife ; Fatima M’CJelland, Henry M’Clelland, Elias M’Clelland, Hannah M’Clelland and James M’Clelland, by their guardian James Marshell; and Louisa M’Clelland, by her guardian Frederick Eichelberger, defendants. 5th January 1838,…
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ERROR to the common pleas of Perry county. This was an action of partition in the court of common pleas of Perry county, in which the parties were William Power, plaintiff, against Alexander Power, Edward Power, Dr John M. Laird, and Julia his wife ; Fatima M’CJelland, Henry M’Clelland, Elias M’Clelland, Hannah M’Clelland and James M’Clelland, by their guardian James Marshell; and Louisa M’Clelland, by her guardian Frederick Eichelberger, defendants. 5th January 1838, Alexander Power and Edward Power appear by A. C. Harding, and do not gainsay the partition, and agree that judgment be entered…
1Opinion of the Court
*212The opinion of the Court was delivered by
Gibson, C. J.
The joinder of ihe widow, who had not an immediate estate, was an incurable error. Her husband died intestate ; and by the act of 1794, she had but an annuity in the nature of a rent charge, and consequently could not be a parly to an action of partition. But it was thought her name might be disposed of on the record by & nolle prosequi. That however is not a remedy for a misjoinder of parties, which is necessarily fatal if advantage be taken of it in season. In a joint action for a tort which could not have been committed jointly, it can…
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- Bingham's Trustees v. GuthrieSupreme Court of Pennsylvania · 1852
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