Brownfield v. Brownfield
Supreme Court of Pennsylvania
Error to a special Court of Common Pleas of Fayette. Oct. 22. This was an action of ejectment brought for “ about thirty acres of land,” by John Brownfield against Isaac Brownfield. The controversy was as to which of two lines, E H or E F, as laid down in the draft, was the boundary between the parties.
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Error to a special Court of Common Pleas of Fayette. Oct. 22. This was an action of ejectment brought for “ about thirty acres of land,” by John Brownfield against Isaac Brownfield. The controversy was as to which of two lines, E H or E F, as laid down in the draft, was the boundary between the parties. The whole tract, containing 263 acres, was patented by Thomas Brownfield in 1773. In 1796, he conveyed to his son John, the plaintiff, in consideration of natural love and affection, the part A, and afterwards, on 25th April, 1814, he further conveyed to him for $300, some two acres of C, at…
1Opinion of the Court
The opinion of this Court was delivered by
Gibson, C. J.
The key to the difficulty in this case is, that it arises from a latent, not a patent, ambiguity, produced not by the words of the will, but by circumstances collateral to it. Had the contemplated monument of the division between the brothers been described as the “post, a corner of John Brownfield and my home-*145place,” the definite article would have indicated the existence of an apprehension that there was no other post corner which answered the description; and the ambiguity caused by the testator’s ignorance of the fact, and not by any…
2Cases cited1 opinion
- Vernor v. HenrySupreme Court of Pennsylvania · 1834
3Cited by8 opinions
- Logan v. WileySupreme Court of Pennsylvania · 1947
- Metzger's EstateSupreme Court of Pennsylvania · 1908
- Laidley v. RoweSupreme Court of Pennsylvania · 1923
- Gerety EstateSupreme Court of Pennsylvania · 1946
- Safe Deposit & Trust Co. v. Bovaird & Seyfang Manufacturing Co.Supreme Court of Pennsylvania · 1910
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