Love v. Robinson

Citations

• 213 Pa. 480
• 62 A. 1065
• 1906 Pa. LEXIS 511

Syllabus

<p>Partition — Equity—Pleading—Demurrer.</p> <p>Objection cannot be taken by demurrer to a bill in equity for partition, because the bill did not include all the property held in common by the parties, where there is no averment in the bill that the parties were the owners in common of any other realty than that set out therein.</p> <p>A demurrer to a bill in equity in partition will not be sustained where the ground of demurrer is that the court had acquired jurisdiction of the subject-matter in a previous suit in equity, but an inspection of the record of such suit shows that that subject-matter of controversy in it was only a one-third interest in the lands involved in the second suit.</p> <p>There is nothing in the equity rules of Pennsylvania, nor in the well-settled equity practice, to sustain the position that a demurrer overrules a plea.</p>