Moore v. Wood
Moore v. Wood
Opinion of the Court
Opinion bt
The first and second specifications respectively allege error,
This decree is based on said amended report; and, assuming the latter to be substantially correct, the decree was fully warranted by the findings of fact and conclusions of law therein stated. The second specification is therefore groundless, unless there was substantial error in confirming the master’s amended report. In view of its controlling effect, we have given the question thus presented a careful consideration.
The confirmation of that report involved the consideration of thirty-seven exceptions,—filed thereto by appellants,—all of which were overruled by the court. Waiving the informality of virtually embracing so many questions in one specification of error, we have considered said exceptions in connection with the amended report, bill, answer and proofs upon which the report is based, and are fully satisfied there was no error in dismissing the exceptions and confirming said report. We find nothing in either of said exceptions that requires further notice than has been taken of them by the master and the learned court below. Such of them as are material to the issue are either not well founded, or contrary to cleai'ty established facts in the case. Some of the most material facts are admitted by the pleadings.
As was well said bjr the learned president of the common pleas, the only practical question of much importance in the case is what interest, if any, did the appellants, Louis M., Charles B. and Thomas S. Wood, acquire in the real estate, in question,.by virtue of the sheriff’s sale to them on their judgment against Samuel A. Wood. In view of the specific facts rightly found by the learned master, he correctly concluded that as between the partners • themselves the lots in question were partnership property from the time the formation of the partnership was consummated and its business put in full operation, and consequently as between themselves and those who dealt with them, with knowledge of the facts, the lots were personal estate: Collner v. Greig et al., 137 Pa. 606.
There is nothing in either of the four specifications that
Decree affirmed and appeal dismissed, with costs to be paid by the appellants.
Reference
- Full Case Name
- George L. Moore, Executors v. Samuel A. Wood
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Partnership—Partnership real estate. Where a partnership agreement provides that each partner shall contribute an equal amount for the purchase of real estate, and one of the partners contributes real estate which he owns as his share, and the remaining real estate needed by the firm is purchased out of partnership funds, all of the real estate, as between the members of the firm and those who deal with them with knowledge of the facts, is personal estate, and the real estate contributed by the partner cannot be sold under a judgment against him personally for an individual debt.