Kaufmann v. Pittsburgh

Citations

• 248 Pa. 41
• 93 A. 779
• 1915 Pa. LEXIS 508

Syllabus

<p>Beal property — Partition—Eminent domain — Opening of street —Bale of property — Party entitled to damages — Judicial sale— Notice at sale — Estoppel.</p> <p>1. The object of a proceeding in partition is to make a physical division of the real estate among the several cotenants in accordance with their respective interests, and if this is not practicable, .the statutes provide for the contingencies which may arise, one of which is the sale of the premises, or any of the purparts thereof.</p> <p>2. The decree quod partitio fiat does not dissolve the cotenancy or sever the possession, nor does it divest the title to the premises held by the tenants in common.</p> <p>3. Until a proceeding in partition is completed by the confirmation of the allotment or of the sale of the property by the court, the title and ownership remain in the tenants in common. The title' does not vest in the purchaser until, the confirmation of the sale and the purchase-money is paid or secured.</p> <p>4. Damages arising from the location and opening of a street in a city are ;a claim personal to the owner of the land at the time the injury occurred, and do not pass to a subsequent purchaser.</p> <p>5. In such case where the street was opened upon certain land after a decree in partition and order of sale thereof had been made but before the sale, the right of action accrued to the former owners and not to the purchasers at the sale.</p> <p>6. Where the property was bought at such sale by three or four tenants in common, the contention of the purchasers that the widow and heirs of the deceased tenant were estoppéd from claiming any part of the damages by reason of the announcement and notice to bidders at the time of the sale that the purchaser would be entitled to the damages, could not be sustained where it was denied that such notice was given, and where it did not appear that the widow and heirs of such deceased tenant heard the notice, if given.</p>