Marchand v. Marsh

Citations

• 280 Pa. 292
• 124 A. 427
• 1924 Pa. LEXIS 510

Syllabus

<p>Equity — Equity practice — Pleading—Hearing on till and answer —Parties.</p> <p>1. Where a plaintiff in equity orders a ease for hearing upon bill and answer, all the averments of the answer must be taken as true, whether introducing relevant new matter, or simply denying or qualifying the averments of the bill.</p> <p>Partition — Purchase for particular purpose — Defeat of purpose.</p> <p>2. Where admittedly several parties have purchased a property for a particular purpose, it cannot be partitioned against the objection of some of them, if that purpose has not been accomplished or abandoned, and the result of the partition might be to defeat the purpose.</p>