Deshong v. Deshong

Citations

• 186 Pa. 227
• 40 A. 402
• 1898 Pa. LEXIS 986

Syllabus

<p>Partition — Practice, O. P. — Death of party — Continuance.</p> <p>In partition ail the real estate must be brought into one proceeding if practicable.</p> <p>In an action in the common pleas for the partition of lands, it appeared that the lauds in question had been devised by a decedent as follows: tract A to the widow for life; tract B to a son, the plaintiff, for life, the residue to a son, J., which included the remainders in tracts A and B. Subsequently J. died intestate, unmarried, and without issue, leaving to survive him liis mother, his brother, the plaintiff, another brother and a sister. The mother by deed conveyed an undivided one third of the life estate which she derived from J. to each of her surviving sons. The plaintiff did not include in the proceedings either tract A or tract B. The mother and the other brother and sister were parties defendant. The sister tiled a special plea setting out the failure to include tracis A anti B. Issue was joined on this plea. Before the trial the widow died. The sister thereupon asked for a continuance which was refused, and the jury was directed to find for the plaintiff. Held, (1) that as the case stood at the close of the evidence the verdict should have been directed for the appellant ou her special plea; (2) that the death of the widow made the special plea as to tract A, good in substance; (3) that the continuance asked by the appellant should have been granted.</p>