Evening journal., 1917-03-10
JUDGE RICE DECIDES
LAND PARTITION Case
Action Was Started by Late
c. ]. Horrigan ii
Years Ago
L0GUE REALTY co.
WINS OLD SUIT

Judge Herbert l.. Rice, in the Or
phans' Court, today handed down an
opinion in the partition case brought
by the HOrrigan Contracting Com
pany against the Logue Realty Com
pany' for the partition OF land
at Twenty-seYenth and Washington
streets. This action was brought by
{. j. HOrrigan and James LOgue in
1906, in which it was held that the
Logue Realty Company should be al
lowed a half interest in the net pro-
ceeds from the sale OF the property
as well as the sum OF 1885, represent
ing One-half the cost OF certain inn
provements made to the property.
The property has a frontage of 125
feet 4 inches on Washington street
and a depth of 240 feet on Twenty
seventh street. Horrigan died in 1909,
and after receivers had been appoint
ed for the Horrigan Contracting Com
pany, his widow and children con-
veyed to the receivers the Horrigan
interests in the land. In the mean
time, two judgments had been recover
ed against the Horrigan Contracting
Company and were therefore liens on
the land. In 1910 James Logue con-
veyed his interest in the property to
the Logue Realty Company.
The Logue Realty Company filed
petition after the sale and before
distribution of the proceeds. asking
that for the purpose of distributing
the amount due these two judgments
should be added to the price bid for
the property and that it, the Logue
Realty Company, should be awarded
one-half part of such increased sum
and the receiver the remainder of the
purchase price. The petition also
asked that the Logue Realty Com
pany' be reimbursed out of the said
funds for the sum of $670 expended
by the Logue and the Logue Realty
Company for improving the land,
which at the time of its purchase was
considerably below grade and was
filled in by LOgue.
Judge Rice, in his decision said:
There would be little difficulty in ar
irving at a decision in the case. If the
original owners in common were the
parties to the proceeding, but one of
the original owners is dead and his
heirs-at-law have conveyed their in
terest to the receivers of the Horrigan
Company. The other own
er --S1Yeyed his interest to the Logue
Realty Company. The latter transfer
was practically from Logue as an indi-
vidual to Logue as a company, he
owning practically all the stock. 1t
would seem only equitable to permit
the Logue Realty Company to stand
in the same position with respect to
the improvements as LOgue would
have stood If the transfer had not been
made.
THE next question raised is
whether any allowance for the en-
HANGED value of the land by reason of
the improvements should be made, in
view of the fact that the HOrrigan
interest is now owned by the receiv-
ers for the HOrrigan Contracting Com
pany. 1t is not denied that the land
was increased in value by the i'm
provements and that the improve
ments were made with the consent OF
Horrigan. If the improvements had
not been made it may be assumed that
the land would have sold for a pro-
portionately reduced price. Not to
make the allowance to the improving
tenant would be permitting the re-
ceivers to benefit when neither they
nor their predecessors had contrlbut-
ed anything to produce those inn
provements.
I'm the present case, after an al
lowance for the improvements was
made to the LOgue Realty Company
the receivers will receive a larger
sum than they would have received
had the improvements not been made,
for it is in evidence that the value of
the land was increased several hun
dred dollars in excess of the expense
of the improvement and the LOgHe
Realty Company is only asking for its
share Of the cost of the improvement
I am clearly OF the opinion that under
the facts in the case it is only fair
and equitable that the sum represent
ing the amount of the two judgments
he added to the purchase price and
that the Logue Realty Company be al
lowed in addition to its One+half share
of the net proceeds for distribution
purposes, the sum of 1885,, being one
half the expenses of tie improve
ment"