Legal Opinion

Brownfield's Executors v. Brownfield

Supreme Court of Pennsylvania

Decided October 3, 1892No. Appeal, No. 10PublishedCited by 13 opinions

Appeal, No. 10, Jan. T., 1892, by plaintiffs, Isaac A. Brownfield et al., executors of Basil Brownfield, deceased, from judgment of C. P. Fayette Co., March T., 1882, No. 201, on verdict for defendants, heirs of William A. Brownfield, deceased. Ejectment for three tracts of land, known as the Sutton, Ilev. William Brownfield and Hellen tracts.

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Appeal, No. 10, Jan. T., 1892, by plaintiffs, Isaac A. Brownfield et al., executors of Basil Brownfield, deceased, from judgment of C. P. Fayette Co., March T., 1882, No. 201, on verdict for defendants, heirs of William A. Brownfield, deceased. Ejectment for three tracts of land, known as the Sutton, Ilev. William Brownfield and Hellen tracts. At the trial, before Ingram, P. J., it appeared that the lands in controversy were owned by Basil Brownfield, who died in 1881. By his will Brownfield devised to his son William N. Brownfield a life estate in the land in controversy, and at his death…

1Opinion of the Court

Opinion by

Mb. Justice Heydbick,

When the plaintiffs gave in evidence-the will of Basil Brownfield they showed a devise to the defendants, which, without more, was a complete estoppel as to the Rev. William Brownfield lot, and all of the Sutton tracts except the Mitchell lot, and also as to one acre of the Hellen lot. The defendants might indeed have renounced the devise in their favor, but whether by mere parol disclaimer does not appear to have ever been decided in this state, and the authorities elsewhere are not entirely in accord. It is not, however, necessary to decide that question now.…

2Cases cited8 opinions

  1. Boyce v. M'CullochSupreme Court of Pennsylvania · 1842
  2. Dayton v. NewmanSupreme Court of Pennsylvania · 1852
  3. Grove's v. DonaldsonSupreme Court of Pennsylvania · 1850
  4. Lauer v. LeeSupreme Court of Pennsylvania · 1862
  5. Auer v. PennSupreme Court of Pennsylvania · 1880

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3Cited by13 opinions

  1. Kirk v. Brentwood Manor Homes, Inc.Superior Court of Pennsylvania · 1960
  2. Allardice v. McCainSupreme Court of Pennsylvania · 1953
  3. Gaido v. TysdalWyoming Supreme Court · 1951
  4. Gibula v. SauseCourt of Appeals of Maryland · 1937
  5. Magen v. NeimanSupreme Court of Pennsylvania · 1930

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