Gaines v. Brockerhoff
Pennsylvania Court of Common Pleas, Clearfield County
No. 12 January Term 1889, Sup. Ct.; court below, No. 4 January Term 1883, C. P. in Equity. On September 28, 1883, Isaac Gaines filed a bill in equity against Margaret Brockerhoff, widow, Andrew J., Plenry W., and Joseph M. Brockerhoff, heirs, and Margaret Brockerhoff and Andrew J. Brockerhoff, administrators, of Henry Brockerhoff, deceased.
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No. 12 January Term 1889, Sup. Ct.; court below, No. 4 January Term 1883, C. P. in Equity. On September 28, 1883, Isaac Gaines filed a bill in equity against Margaret Brockerhoff, widow, Andrew J., Plenry W., and Joseph M. Brockerhoff, heirs, and Margaret Brockerhoff and Andrew J. Brockerhoff, administrators, of Henry Brockerhoff, deceased. The bill averred, in substance, the financial embarrassment of the plaintiff in 1870, and threats of creditors to enforce their claims; that the plaintiff was then indebted to Henry Brockerhoff in the sum of $5,928.09 and interest from February 17, 1868,…
1Opinion of the Court
Opinion,
Mb. Justice McCollum:
The numerous specifications of error filed in this case raise but few questions. It was alleged in the plaintiff’s bill that the agreement under which he claimed was in writing, and lost; and he gave some evidence tending to prove this allegation, but not enough, in the opinion of the learned master, to sustain it. There was, however, a full hearing of the cause before the master, and evidence was taken by him to show an agreement in parol like that which was set out in the bill as written, the occupation, use and improvement of the property by the plaintiff after…
2Cases cited11 opinions
- Fox v. HeffnerSupreme Court of Pennsylvania · 1841
- Jackman v. RinglandSupreme Court of Pennsylvania · 1842
- Phillips's AppealSupreme Court of Pennsylvania · 1871
- Saunders v. GouldSupreme Court of Pennsylvania · 1890
- Kraft v. SmithSupreme Court of Pennsylvania · 1887
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