Gilpin v. Brown

Citations

• 268 Pa. 398
• 112 A. 124
• 1920 Pa. LEXIS 703

Syllabus

<p>Partition — Equity—Failure to include all land in bill — Practice — Acts of March 18,1847, P. L. 819, and June 7,1917, P. L. 887.</p> <p>1. In partition, whether in the common pleas or in the, orphans’ court, it is incumbent on the party instituting the proceedings, if practicable, to embrace the whole of the undivided realty within the jurisdiction or power of the court. There cannot be inquisitions upon it by parcels.</p> <p>2. Where a person dies seized in severalty of three tracts of land, and of undivided interests in two others, it is error to file one bill for the partition of the land held in severalty, and another for that of the undivided interests.</p>