Adamson v. May

Citations

• 255 Pa. 72
• 99 A. 221
• 1916 Pa. LEXIS 530

Syllabus

<p>Equity — Partition—Death of defendant — Accounting•—Dismissal of bill.</p> <p>1. While a plaintiff in partition ordinarily has the right to an accounting of rents and profits, received by a defendant in possession, the right is merely incidental to the principal purpose of the proceeding which is a division of the land in controversy, and when partition becomes impossible as against the person liable to make the incidental accounting, by reason of the termination of his interest, the principal purpose of the suit being impossible of accomplishment, the right to an accounting in the partition proceedings fails.</p> <p>2. A bill in equity for partition against a person in possession claiming title as tenant by the curtesy, was properly dismissed where such tenant died after the institution of the proceedings, without barring the right of a claimant to proceed for an accounting in an appropriate action.</p>