Brownfield v. Mackey
Supreme Court of Pennsylvania
Error, to the Common Pleas of Payette county. This was an action of ejectment by Robert Brownfield, against Julia Mackey and James Mackey. The land in dispute was part of a tract of land which Stephen Mackey, Sr., who died in March, 1819, directed by his last will and testament to be sold by his executors.
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Error, to the Common Pleas of Payette county. This was an action of ejectment by Robert Brownfield, against Julia Mackey and James Mackey. The land in dispute was part of a tract of land which Stephen Mackey, Sr., who died in March, 1819, directed by his last will and testament to be sold by his executors. One half of the proceeds he bequeathed to his son Stephen, and the other half was to be equally divided between testator’s three daughters, viz.: Margaret Brown, Rebecca Jami-son, and Ann Lechner. The plantation was offered at public sale by the executors, in the spring of 1820, when it was…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
Every legal question raised on the trial of this cause was ruled by the learned President of the Common Pleas in strict conformity with the opinion of this court, as given in the case of Stach v. Mackey, 4 W. & S. 196. We have re-examined the points made, and are clearly of opinion that the former decision was correct, and should be adhered to.
That all of the legatees did unite in electing that the devised estate should be taken as land instead of converting it into money by a sale, is conclusively established by the verdict of the jury. They…
2Cases cited1 opinion
- Stuck v. MackeySupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- Holliday v. HivelySupreme Court of Pennsylvania · 1901