206 Pa. 116 | Pa. | 1903
Opinion by
The master appointed to make partition reported that at a meeting of the parties in interest it was agreed by all persons
Sixteen months after the agreement mentioned was made, there was a meeting of the parties in pursuance of a rule to accept or refuse the several purparts at the valuation made, or to offer in writing a larger price therefor, or to show cause why the land should not be sold. At this meeting the appellant demanded that the one-forty-eighth portion of the total acreage of the land, being his share therein, should be alloted and set off to him. This demand was refused for a number of reasons stated by the master. One of these reasons and the only one that need be considered, since it alone is conclusive of the appellant’s right, is that the demand was too late. The appellant had agreed with other parties in interest that a division into as many purparts as there were parties entitled could not be made. He had presented a plan of division into nine parts, and had testified and called witnesses in support of this plan. He had been present at all the subsequent meetings, nine in number, and had made 'no objection to the course that was being pursued and was now almost ended.
In the written argument presented it is argued that the appellant was not a party to the agreement reported by the master as having been made, and it is claimed that the agreement,
The questions of practice before the master which have been presented do not require consideration. That relating to the manner in which the bidding should be conducted is apparently an afterthought, as it is not raised by the exceptions to the master’s report nor by the assignments of error to the order of the court. That to the right to vacate an allotment on the failure of a bidder to enter security does not concern the appellant, as he was not prejudiced by the master’s action in the matter. We find nothing on the record that would warrant the sustaining of any of the exceptions, and the decree is affirmed at the cost of the appellant.