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· 11/14/1898

Fidelity Title & Trust Co. v. Bell

Citations

  • 188 Pa. 637
  • 41 A. 637
  • 1898 Pa. LEXIS 661

Syllabus

<p>Partnership — Beal estate — Personal property.</p> <p>Where a partnership agreement provides thafcreal estate should be considered as partnership property, and after the death of one of the partners, the surviving partner sells the real estate in good faith and for a proper price, and the administrator of the deceased partner with full knowledge of the sale and the terms and conditions of it, receives specifically a part of the purchase money as coming to the estate of his decedent, an administrator d. b. n. of the deceased partner will be estopped by the act of his predecessor.</p> <p>Practice, Supreme Court — Equity—Exceptions—Question raised in Supreme Court first.</p> <p>Where a master appointed to state an account between partners allows a claim for the services of one of them, and no exception is taken to the allowance before the master or in the court below, it is too late to raise the question in the Supreme Court for the first time.</p>

Judges: Dean, Fell, Green, McCollum, Mitchell

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