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137 Pa. 606

Collner v. Greig

Supreme Court of Pennsylvania

Decided November 3, 1890

Supreme Court of Pennsylvania · decided 1890-11-03

No. 34 October Term 1890, Sup. Ct.; court below, No. 17 February Term 1888, C. P. On February 1, 1888, William F. Collner brought ejectment against George W. Greig, and T. H. B. Patterson, assignee in bankruptcy of said George W. Greig, “ to enforce specific performance of an agreement for the sale of the undivided one fourth of three tracts of land situate in the township of Barnett.” Mr. Patterson was not served.

Relies on Warriner v. Mitchell

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-03

How this case has been cited

Cited by 24 later decisions — most recently June 2005

5 federal appellate · 3 district · 14 state decisions

60189019001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1We are clearly of opinion that the learned judge below was right in holding that the plaintiff had no higher rights than Finkbine, his grantor. The court has found, and we think correctly, that the real estate in controversy was firm property; and, as between the members of the firm and those who dealt with them, with knowledge of the facts, it was personal estate. As to a portion of it, the deeds were in the name of the firm; as to other portions, the title was in the' names of the individual members of the firm. The court below has found, however, that all of it was paid for by the firm, belonged to the firm, and was recognized and treated as firm property. It is settled law that, as against purchasers and lien creditors, dealing with the owners of land on the faith of a recorded title and without notice that it is different from what it appears of record, parol evidence is inadmissible to show that, although the land was conveyed to the grantees as individuals, yet it was held by them as partnership property; but, as between the partners themselves, land treated by them as partnership property, especially if purchased and paid for with partnership money, is to be regarded as partnership assets, notwithstanding it was conveyed to the grantees as tenants in common: its character is largely a question of intention, which may be manifested in acts and declarations, and be established by parol testimony: Warriner v. Mitchell, 128 Pa. 153, and authorities there cited. The agreement of February 10, 1873, was a sale by Finkbine, one of the partners, to Greig, of all the interest of the former in the firm and its assets. Greig was to take Finkbine’s place and interest in the firm, and this was assented to by the other partners. It follows that the sale passed all Finkbine’s interest in the assets of the firm, including the real estate. This *613left nothing in Finkbine to convey to any one else. The plaintiff here was not shown to have been a bona fide purchaser. There is no evidence that he paid a dollar on account of his purchase. The court below was therefore correct in ruling, as before remarked, that he occupied no higher position than Finkbine.

¶2Judgment affirmed.

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