Dewart v. Purdy
Supreme Court of Pennsylvania
Error to the Common Pleas of Northumberland eounty. John H. Purdy sued out a summons in partition to November Term, 1858, for the partition or valuation of a tract of land in Coal township, containing about 100 acres, held by himself and William L. Dewart, as tenants in common. On the 10th November, 1853, by consent of defendant, a judgment of quod partitio fiat was entered. Various writs to make partition were issued, and the inquisitions thereon set aside.
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Error to the Common Pleas of Northumberland eounty. John H. Purdy sued out a summons in partition to November Term, 1858, for the partition or valuation of a tract of land in Coal township, containing about 100 acres, held by himself and William L. Dewart, as tenants in common. On the 10th November, 1853, by consent of defendant, a judgment of quod partitio fiat was entered. Various writs to make partition were issued, and the inquisitions thereon set aside. A pluries writ was issued to April Term, 1856, and upon inquisition held, it was found that the premises could not be divided, and the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
Undue importance was given in the argument to the question, whether the rule of 28th May, 1856, was pending and operative on the 4th of September, .1857, the day when the court adjudged the premises to the plaintiff, Purdy. The 14th section of the Act of 5th May, 1841, relating to partition in the Common Pleas, does indeed enjoin the court to grant a rule on all persons interested to come into court on a day certain, to accept or refuse the estate at the valuation; hut if they come without a rule, or in pursuance of a superseded or defunct…
2Cited by23 opinions
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- Seale v. BalsdonCalifornia Court of Appeal · 1921
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