Morrow v. Morrow

• Decision Date: 03 January 1893
• Docket Number: 198
• Parties: Morrow, Appellant, v. Morrow
• Court: Pennsylvania Supreme Court

25 A. 1107

152 Pa. 516

Morrow, Appellant, v. Morrow

No. 198

Supreme Court of Pennsylvania

January 3, 1893

November 1, 1892, Submitted

Appeal, No. 198, Oct. T., 1892, by plaintiffs, John Morrow et al., from order of C.P. No. 3, Allegheny Co., May T., 1892 No. 80, setting aside proceedings in partition.

Partition.

The praecipe for writ of partition was as follows:

"Issue summons against the defendants to answer the plaintiff of a plea wherefor whereas the said John Morrow, Alexander Morrow and Margaret C. Morrow, his wife, James L. Morrow, Sarepta R Morrow, Eleanor A. Morrow and William A. Morrow, minors over the age of fourteen, Hugh B. Morrow and John R. Morrow minors under the age of fourteen, John Morrow guardian of Eleanor A. Morrow, William A. Morrow, Hugh B. Morrow and John R. Morrow, hold together and undivided a certain messuage and tract of land; The Oakdale Gas Company, Michael Murphy (president); J. M. Guffey (director); W. C. McFarland Alexander McFarland (director); Robert McFarland, J. A. Tomlinson, Robert Roy, W. L. Curtis, J. C. Fisher (director); and the Fisher Oil Company, doing business as The Oakdale Oil Company, hold leases of the oil and gas interest of said land of R. M. Morrow, (deceased,) of whom the above named Sarepta Morrow, widow, and Eleanor A. Morrow, William A. Morrow, Hugh B. Morrow, and John R. Morrow are the heirs at law, John Morrow and Alexander Morrow, said leases being for three-fourths of the oil and gas interests in said messuage and tract of land, towit: -- . . . containing one hundred acres, and known as the 'Brick Barn' farm; of which the said defendants deny partition to be made."

The return of notice of inquisition was as follows:

"Served April 11th, 1892, by delivering true and attested copies of the within notice to J. M. Guffey and J. C. Fisher, directors of The Oakdale Oil Company. And April 13, 1892, by leaving like copy at the residence of Alexander McFarland, director of The Oakdale Oil Company, with an adult member of his family. And same day by delivering a like copy to C. M. Staiger, superintendent of the Oakdale Gas Company. And April 11, 1892, service accepted by John Morrow, Alexander Morrow, Margaret C. Morrow, Sarepta R. Morrow, Eleanor A. Morrow, William A. Morrow and John Morrow, guardian, as per endorsements."

J. M. Guffey et al., filed, inter alia, the following exception to the inquest:

"1. Because no service of the original writ in this case was made upon Michael Murphy, W. C. McFarland, Robert McFarland, Robert Roy, W. L. Curtis, J. A. Tomlinson and Fisher Oil Company, all of whom are tenants in common of the oil rights under said farm."

The court made the...