UNITED STATES SUPREME COURT DECISIONS ON-LINE

This was a summons in partition, on which the plaintiff, as tenant by the curtesy, demanded partition against the defendants, under the circumstances stated in the following declaration.

Philadelphia County, to wit: Ann Dilworth, the elder, late of the said county, widow, and Ann Dilworth the younger, late

Page 2 U.S. 257, 258

of the same county, spinster, were summoned to answer Samuel Walker, as tenant of the curtesy of the real estate of his late wife, Elizabeth, deceased, of a plea, &c. Whereas the said Samuel, Ann Dilworth the elder, and Ann Dilworth, the younger, held together and undivided one messuage, & c. which the said Ann Dilworth, the elder, and the said Ann Dilworth, the younger, deny to make partition thereof between them, the said Samuel, the said Ann Dilworth, the elder, and Ann Dilworth, the younger, according to the custom of the Commonwealth of Pennsylvania, and the form of the statute in such cases made and provided; and do not permit the same to be done, unjustly and against the said custom and the form of the statute in such cases made and provided. And whereupon the said Samuel, by John Craig Wells, his attorney faith, That whereas they the said Samuel, Ann the elder, and Ann the younger, held together and undivided the tenements aforesaid, with the appurtenances in three equal parts; to be divided for and during the term of his natural life, and the reversion thereof to Nancy Walker, the daughter of the said Samuel, by his said wife Elizabeth; and it belongeth to the said Ann the elder, to have one other third part of the said tenements, with the appurtenances, for the during the term of her natural life, and after her death the remainder and reversion of the said last mentioned third part, one moiety thereof unto the said Nancy, in feveralty forever; and the other moiety of the said last mentioned third part, after the death of the said Ann the elder, unto the said Ann the younger, in feveralty forever. And it belongeth to the said Ann the younger, to have the other third part and residue of the tenements aforesaid, with the appurtenances in feveralty forever: So that the said Samuel of his third part happening to him during his life with the appurtenances; and the said Ann Dilworth the elder, for and during the term of her natural life, her third part of the tenements with the appurtenances happening to her; and the said Ann Dilworth the younger, her one third part of the tenements with the appurtenances, and the reversion of the moiety of the third part happening to the said Ann Dilworth the elder, after the death of the said Ann the elder, to the said Ann Dilworth the younger in feveralty forever, they may severally improve themselves; But the said Ann the elder, and Ann the younger, deny to make partition thereof between them, according to the said custom and the statute in such case made and provided, and do not permit the same to be done, unjustly, and against the said custom and the form of the statute aforesaid. Wherefore the said Samuel says he is prejudiced, and hath sustained damages to the value of L 1000, &c.'

The counsel for the defendants, Lewis, demurred to the declaration, upon this ground, that a tenant by the curtesy cannot [2 U.S. 257, 259]

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