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· 5/17/1898

Estate of Playford

Citations

  • 7 Pa. Super. 325
  • 1898 Pa. Super. LEXIS 292

Syllabus

<p>Partition — Costs when they follow the final decree.</p> <p>An original and alias writ of inquisition in partition were set aside; under a pluries writ the property was awarded to the appellant on payment of a fixed price, to be paid to those legally entitled, less all costs and an attorney fee of one hundred dollars. Held, that the costs followed the proceeding and were not imposed on the original petitioner by virtue of the fact that the rules to show cause why the original writ and alias writ should not be set aside, being made absolute, was equivalent to an express decree to that effect, the rule to show cause concluding with the words, V at the costs of the petitioner.”</p>

Judges: Beaveb, Beaver, Ham, Oblady, Poetes, Reed, Rice, Smith, Wick

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