LOHMILLER v. WEIDENBAUGH

No. 77-10812.

5 Pa. D. & C. 3d 794 (1977)

Lohmiller v. Weidenbaugh

Common Pleas Court of Montgomery County, Pennsylvania.

November 23, 1977.


Attorney(s) appearing for the Case

William H. Yohn, Jr., of Binder, Yohn & Kalis, for plaintiff.

Arthur L. Jenkins, Jr., of Smith, Aker, Grossman, Hollinger & Jenkins, for defendant.


MOSS, J., November 23, 1977.

These proceedings pose the question of whether an action may be maintained to partition an undivided interest held by a man and woman in real estate, which interest was formerly owned by them as tenants by the entireties, but now by reason of their divorce is owned by them as tenants in common, or whether the owner in common of the remaining undivided interest is a necessary party.

The complaint alleges, and for purposes...

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