Legal Opinion

Kifer v. Brenneman

Supreme Court of Pennsylvania

Decided September 15, 1845PublishedCited by 1 opinion

In Error. Error to the Court of Common Pleas of Clarion county. This was an action of ejectment brought by Daniel Brenneman and others, heirs at law of John Brenneman, deceased, against Abraham Kifer, for a tract of land, containing one hundred and twenty acres, situate in Monroe township, Clarion county, late Armstrong. The plaintiffs claimed as the heirs at law of John Brenneman, who, it was admitted, died intestate and seised of the land in dispute.

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In Error. Error to the Court of Common Pleas of Clarion county. This was an action of ejectment brought by Daniel Brenneman and others, heirs at law of John Brenneman, deceased, against Abraham Kifer, for a tract of land, containing one hundred and twenty acres, situate in Monroe township, Clarion county, late Armstrong. The plaintiffs claimed as the heirs at law of John Brenneman, who, it was admitted, died intestate and seised of the land in dispute. Christian Brenneman, who was administrator, and also an heir, presented his petition to the Orphans’ Court of Armstrong county, and obtained…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

This is'an action of ejectment to avoid the sale of land sold by an administrator under an order of 'the Orphans’ Court, on the allegation that the administrator was a copartner with the purchaser at the sale. The administrator was offered as a witness to prove the fact, and was objected to because his testimony contradicted his return, and the deed he had made to the purchaser. But the court properly held, that proving fraudulent conduct at the time of the sale is not contradicting the record; and they might have added, on the authority of…

2Cases cited1 opinion

  1. Bennett v. HethingtonSupreme Court of Pennsylvania · 1827

3Cited by1 opinion

  1. Maher v. MaherIllinois Supreme Court · 1899

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