Legal Opinion

Brown v. Bailey

Supreme Court of Pennsylvania

Decided December 30, 1893No. Appeal, No. 192PublishedCited by 8 opinions

Appeal, No. 192, Oct. T., 1893, by plaintiffs, Samuel S. Brown and Harry Brown, from judgment of C. P. No. 1, Allegheny Co., March T., 1890, No. 798, on verdict for defendants, James M. Bailey et al., trustees. Ejectment. Before Collier, J. At the trial, there was evidence to the effect that, in 1874, William H. Brown, plaintiffs’ predecessor in title, had a claim against Graff, Bennett & Co. for $1,600 for iron sold to them.

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Appeal, No. 192, Oct. T., 1893, by plaintiffs, Samuel S. Brown and Harry Brown, from judgment of C. P. No. 1, Allegheny Co., March T., 1890, No. 798, on verdict for defendants, James M. Bailey et al., trustees. Ejectment. Before Collier, J. At the trial, there was evidence to the effect that, in 1874, William H. Brown, plaintiffs’ predecessor in title, had a claim against Graff, Bennett & Co. for $1,600 for iron sold to them. Graff, Bennett & Co., defendants’ predecessor in title, had a claim against Brown for the use of certain river lots owned by them. Both parties owned different…

1Opinion of the Court

Opinion by

Mr. Justice Thompson,

The parties through whom the appellants and appellees claim title had in 1874 distinctive claims against each other, one for the use of property for boating purposes and the other for iron sold, and at that time owned different properties, some of which were situated on the river front and others back from it. By their exchange it was concluded they could be best utilized. Accordingly they entered into a parol contract to adjust their differences and to exchange their respective properties. Brown, one of these parties, was to take the river front lots, and for…

2Cases cited8 opinions

  1. Rice v. PeetNew York Supreme Court · 1818
  2. Sower's v. WeaverSupreme Court of Pennsylvania · 1877
  3. Moss v. CulverSupreme Court of Pennsylvania · 1870
  4. Winpenny v. WinpennySupreme Court of Pennsylvania · 1880
  5. Johnston v. JohnstonSupreme Court of Pennsylvania · 1837

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

3Cited by8 opinions

  1. Kirk v. Ford Et Ux.Supreme Court of Pennsylvania · 1938
  2. Wilkinson v. BottomsSupreme Court of Alabama · 1911
  3. Dutton's EstateSupreme Court of Pennsylvania · 1904
  4. Manzer v. WycoffSuperior Court of Pennsylvania · 1922
  5. Sursa v. CashMissouri Court of Appeals · 1913

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

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