Defraunce v. Brooks
Supreme Court of Pennsylvania
ERROR to the District Court of Mercer county. This was an action of ejectment by Robert A. Defraunce and others against William Brooks and Charles Woods.
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ERROR to the District Court of Mercer county. This was an action of ejectment by Robert A. Defraunce and others against William Brooks and Charles Woods. The plaintiffs, who claimed as the heirs of James Defraunce deceased, offered in evidence the following article of agreement, the execution whereof was duly proved: May 27th, 1823. Article of agreement made and agreed upon between Jacob Stricker of the one part, and James Defraunce of the other part; Witnesseth that the said Jacob Stricker doth agree to give to the said James Defraunce 125 acres and the allowance, out of the south-east…
1Per curiam
The Judge made a palpable error in applying the rule which requires an express limitation to heirs in a fee-simple conveyance of the legal estate to an executory agreement, which is a conveyance only in equity. This rule, purely technical as it is, and founded in a policy which has disappeared with the feudal system, from which it sprung, is relaxed in many cases even at law.. In executory contracts, equity supplies words of inheritance, and implies a fee where the consideration evinces that not less than a fee was intended. These contracts, like a will, are interpreted so as to give effect…
2Cases cited1 opinion
- Dearth v. WilliamsonSupreme Court of Pennsylvania · 1816
3Cited by2 opinions
- Calhoun v. HaysSuperior Court of Pennsylvania · 1944
- In re Erb & Matter's Estate, Pennsylvania Court of Common Pleas, Dauphin County1856