Legal Opinion

Breneiser v. Davis

Supreme Court of Pennsylvania

Decided March 31, 1890No. 313PublishedCited by 5 opinions

APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 313 January Term 1890, Sup. Ct.; court below, No. 3 October Term 1888, C. P. On September 6, 1888, Charles Breneiser, Jr., brought ejectment against Charles H. Davis, for a strip of land 2 feet 6| inches in width and 88 feet in length. The defendant’s plea was not guilty.

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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 313 January Term 1890, Sup. Ct.; court below, No. 3 October Term 1888, C. P. On September 6, 1888, Charles Breneiser, Jr., brought ejectment against Charles H. Davis, for a strip of land 2 feet 6| inches in width and 88 feet in length. The defendant’s plea was not guilty. At the trial on May 16,1889, the following facts were shown: Andrew Davis died in 1875, seised of two adjoining houses in the city of Reading, Nos. 138 and 140, South Eighth street, certain ground lying in their rear and enclosed therewith, and of other…

1Opinion of the Court

Opinion,

Mr. Justice Clank :

This case was given to the jury with peremptory instructions to find for the defendant, and this is the principal error complained of. The deed to Charles Breneiser, Jr., dated March 27,1885, and recorded on the 1st April thereafter, described the property conveyed as follows:

“ All that certain two-story brick dwelling-house, with brick back buildings, and a lot or piece of ground, situate on the west side of South Eighth street, between Chestnut and Franklin streets, in the city of Reading, aforesaid, No. 140 South Eighth street; bounded on the north by other…

2Cases cited7 opinions

  1. Rowand v. FinneySupreme Court of Pennsylvania · 1880
  2. Stine v. SherkSupreme Court of Pennsylvania · 1841
  3. Sylvius v. KosekSupreme Court of Pennsylvania · 1887
  4. Logue's AppealSupreme Court of Pennsylvania · 1883
  5. Stewart's AppealSupreme Court of Pennsylvania · 1881

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Green v. SchrackSuperior Court of Pennsylvania · 1901
  2. Chisholm v. ThompsonSupreme Court of Pennsylvania · 1911
  3. Allison Et Ux. v. Oligher Et Ux.Superior Court of Pennsylvania · 1940
  4. Breneiser v. DavisSupreme Court of Pennsylvania · 1891
  5. Long v. Long, Pennsylvania Court of Common Pleas, Somerset County1983

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