Palethorp v. Palethorp

Supreme Court of Pennsylvania May 13, 1895

Palethorp v. Palethorp, 168 Pa. 102 (Pa. 1895)

31 A. 917; 1895 Pa. LEXIS 762

Dean, Fell, Green, McCollum, Williams

Opinion of the Court

Per Curiam,

While we do not regard the decree appealed from in this *105case as a final decree, we are very clear that the common pleas has jurisdiction of the case and the parties. That court now possesses all the power of a court of equity in partition cases. We cannot now discuss the merits of the controversy, but we are of opinion that the plaintiff’s interest is sufficient to sustain a bill and that the rights of all the parties can be determined in the subsequent proceedings.

Decree affirmed.

Reference

Full Case Name: Harriet Palethorp, Widow and Administratrix of Edward J. Palethorp v. Robert Palethorp
Cited By: 2 cases
Status: Published
Syllabus: The court of common pleas has jurisdiction to entertain a bill in equity for partition of real estate, filed by a widow of one of the tenants in common, claiming title under a will. Where the case is heard upon bill and answer and plaintiff alleges sufficient interest to sustain the bill, the cause must be proceeded with and the rights of all the parties will be determined by subsequent proceedings. The refusal of the court to dismiss a bill and the ordering that it be proceeded with before a master is not a final decree.