Breneiser v. Davis
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP BERKS COTJNTy. January Term 1891, Sup. Ct.; court below, No. 3 October Term 1888, C. P. On September 6,1888, Charles Breneiser, Jr., brought eject* ment against Charles H. Davis. Issue. At a trial on May 16, 1889, the jury returned a verdict fox the defendant.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP BERKS COTJNTy. January Term 1891, Sup. Ct.; court below, No. 3 October Term 1888, C. P. On September 6,1888, Charles Breneiser, Jr., brought eject* ment against Charles H. Davis. Issue. At a trial on May 16, 1889, the jury returned a verdict fox the defendant. On appeal to the Supreme Court, the judgment entered on the verdict was reversed, on March 31,1890, and a venire de novo awarded: Breneiser v. Davis, 134 Pa. 1. At the second trial, on January 13,1891, both parties claiming under the same source of title, the will of Andrew Davis,…
1Opinion of the Court
Pee Ctjeiam :
When this case was here upon a former appeal, Breneiser v. Davis, 134 Pa. 1, it was said by our Brother Claek, at the conclusion of his opinion:
“The defence is founded upon an alleged mistake; a mutual mistake of the parties to the Breneiser deed. Charles H. Davis, having bought with notice of Breneiser’s previous purchase, stands in Stitzel’s shoes, and in order to sustain his case, must *93establish his claim by such proof as would justify a chancellor in reforming the deed. Equity will, in case of fraud or mistake, reform a written contract so as to make it conform to the…
2Cases cited8 opinions
- Rowand v. FinneySupreme Court of Pennsylvania · 1880
- Stine v. SherkSupreme Court of Pennsylvania · 1841
- Sylvius v. KosekSupreme Court of Pennsylvania · 1887
- Logue's AppealSupreme Court of Pennsylvania · 1883
- Breneiser v. DavisSupreme Court of Pennsylvania · 1890
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3Cited by2 opinions
- Berg v. CypherSupreme Court of Pennsylvania · 1927
- Lesseps v. LapèneSupreme Court of Louisiana · 1882