Sutton's Appeal

Decided May 10, 1886

Supreme Court of Pennsylvania · decided 1886-05-10

Arreal from the Orphans’ Court of Montgomery County: Of January Term, 1886, No. 406. Appeal of William Henry Sutton from a decree of said court adjudging and decreeing purpart No. 6 of the real estate of which Lewis Warner died seised, to Gardiner L. Warner on an oral bid in open court in proceedings in partition in said estate. The following is the case as it appeared in the court below.

Good law ✅— No negative treatment on recordhow we know

Decided 1886-05-10

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Cited by 5 later decisions — most recently April 1998

2 federal appellate · 1 state decisions

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¶1The opinion of the court was delivered May 10th, 1886.

Per Curiam.

¶2We think the practice of allotting purparts *607in partition on oral bids, not only pernicious, but contrary to the statute. The offer to take must be in Avriting. Here, however, the appellant was present and participated in the manner of allotment without any objection. He made oral bids on several of the purparts, and one of them was allotted to him. Having thus actively assented to such form of bidding and received and retained some of the benefits therefrom, he cannot now be permitted to interpose an objection to the title of the others obtained in the same manner.

¶3Decree affirmed and appeal dismissed at the costs of the appellant.