M'Cready v. Freedly
Supreme Court of Pennsylvania
in error. Writ of error to the Court of Common Pleas of Montgomery county, in an action of assumpsit for work and labour done, and materials furnished, in which the defendant in error, Jacob Freedly, was plaintiff, and the plaintiffs in error, Bernard MCready and Samuel R. Wood, defendants. The defendants below pleaded nonassumpserunt, set-off and payment, upon which issues were taken.
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
On the trial of this cause, it appeared in evidence, that MCready and Wood had been the owners of, and held as tenants in common, a lot of land at Morristown in Montgomery county, through which a canal dr race had been made to conduct the water from the Schuylkill river, and was used by them for manufacturing purposes. On the 30th of January, 1826, a partition by deed of that date was made and executed between them, and among other things in it, the following clause is contained: “ They, the said Samuel R. “ Wood and Bernard MCready agree,…
2Cited by8 opinions
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- Dobson v. KuhnlaNew York Supreme Court · 1892
- Hindman v. Pittsburgh Trust Co.Supreme Court of Pennsylvania · 1920
- Bertucci v. CappellLouisiana Court of Appeal · 1916
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