Lincoln v. Africa

Citations

• 228 Pa. 546
• 77 A. 918
• 1910 Pa. LEXIS 524

Syllabus

<p>Practice — Equity—Equity rules — Procedure •— Partition — Master-Costs.</p> <p>1. Since the adoption of the new equity rules, a master in partition merely executes the decree of the court after the rights of the parties have been judicially determined; before a master may be appointed to make partition the court must ascertain the interests and titles of the parties, and enter a decree that partition shall be made.</p> <p>2. Where a decree for partition is taken pro confesso for want of an answer, and the case is forthwith referred to a master to make the-partition, without any prior adjudication, all proceedings after the filing of the original bill will be set aside; and the appellate court in reversing the case will direct the plaintiffs to pay the costs made by them, including the master’s fee, and the defendants to pay their own costs.</p> <p>Practice — Equity—Partition—Decree—Confirmation—Appeals.</p> <p>3. The report of a master returning a scheme of partition must be followed by a decree of confirmation before further proceedings are had. The decree then made is a final decree from which an appeal may be taken.</p> <p>Statute of frauds — Parol sale of lands — Tenants in common — Partition.</p> <p>4. There can be no valid parol sale of lands among tenants in common possession, as there can be no such delivery of possession as will fake the case out of the statute,</p> <p>5. Whore a bill in partition avers a parol sale of the interest of one of the tenants in common, and alleges a reconversion, the bill and the evidence in support of it must fully and specifically show the dates and all the facts relating to the alleged reconversion.</p> <p>Statute of frauds — Parol sale of lands — Evidence.</p> <p>6. To take a parol contract for the sale of land out of the operation of the statute of frauds, the contract must be distinctly proven, the land must be clearly designated, and open, notorious, and exclusive possession must be taken and maintained, under and in p