Whitman v. O'Connor

Citations

• 145 Pa. 642
• 23 A. 234
• 1892 Pa. LEXIS 774

Syllabus

<p>1. The provision in § 10, act of April 22, 1856, P. L. 534, that in all cases of partition “ wherein a valuation shall have been made of the whole or parts ” of the property, the same shall be allotted to the party offering the highest price above the valuation, applies, not only to cases in which a valuation has actually been made, but also to all cases wherein a valuation is required by the law to be made.</p> <p>2. Under § 2, act of April 11, 1835, P. L. 200, relative to partitions in the Court of Common Pleas, it is the duty of the inquest, upon dividing the property into three purparts, there being but two parties in interest, to value each purpart. In such a case, § 14, act of May 5, 1841, P. L. 353, transferring the power to allot purparts from the sheriff and inquest to the court, has not dispensed with such valuation.</p>