THOMPSON v. CONSOLIDATION COAL CO.


194 Pa.Super. 178 (1960)

Thompson v. Consolidation Coal Company, Appellant.

Superior Court of Pennsylvania.

December 14, 1960.


Attorney(s) appearing for the Case

Ewing B. Pollock, with him Pollock & Pollock, for appellant.

W. Robert Thompson, with him Thompson and Baily, for appellee.

Before RHODES, P.J., WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ. (GUNTHER, J., absent).


OPINION BY WATKINS, J., December 14, 1960:

The decree of the Court of Common Pleas of Greene County is affirmed on the able opinion of President Judge HOOK for the court below, reported at 22 Pa. D. & C. 2d 525, wherein he followed the Pennsylvania doctrine that holds, "Where several persons have a joint or common interest in an estate, it is not to be tolerated that one shall purchase an encumbrance or an outstanding title, and set it up against the rest, for...

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