Legal Opinion

Brown v. Boyd

Supreme Court of Pennsylvania

Decided May 15, 1845PublishedCited by 2 opinions

ERROR to the District Court of Lancaster county. Slater Brown against John O. Boyd and others, heirs at law of Mary Boyd, deceased.

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ERROR to the District Court of Lancaster county. Slater Brown against John O. Boyd and others, heirs at law of Mary Boyd, deceased. This was an action of ejectment for 15 acres of land, in which the parties agreed to the following facts to be considered in the nature of a special verdict: James Porter died in the year 1797, seised in fee of a large tract of land at Peach Bottom, in Little Britain township, Lancaster county, including the land in dispute: having on the 3d day of January 1775, made his last will and testament, in which is the following clause: “ I give and bequeath unto my son…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The point presented for our consideration arises out of the will of James Porter, made on the 3d day of January 1775. Among other things, he thereby “gave and devised to his son William all the houses and buildings, of what nature and kind soever, that were situate at or about Peach Bottom, on his lands there, whether held by Maryland or Pennsylvania titles, and the land whereon they stood; and also as much land adjoining as was absolutely necessary for egress and regress; and also the land then occupied with the saw-mill, dam and races; and…

2Cited by2 opinions

  1. Estate of HighPennsylvania Orphans' Court, Berks County · 1890
  2. Geyer v. WentzelSupreme Court of Pennsylvania · 1871

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