Lamon v. Rodgers

Citations

• 42 Pa. Super. 437
• 1910 Pa. Super. LEXIS 348

Syllabus

<p>Partition — Failure to defend — Estoppel—Tenants in common.</p> <p>1. Where a court has jurisdiction of the subject matter and parties in a suit in partition, and some of the defendants pay no attention to a service upon them, and do not appear or answer, they are bound by the decree in partition and sale thereunder, and such defendants cannot in a subsequent action of ejectment allege that at the time of the partition they had a good and valid title by adverse possession for the statutory period.</p> <p>2. The possession of one tenant in common is prima facie the possession of his cotenant also, and the mere reception of profits, payment of taxes, and making repairs without more will not sustain a claim of ouster or adverse possession.</p>