Legal Opinion

Brown's Appeal

Supreme Court of Pennsylvania

Decided October 1, 1877PublishedCited by 4 opinions

Appeal from the Court of Common Pleas of Warren county: In Equity. Of May Term 1877, No. 225. Appeal of Samantha Brown and Alexander Brown, her husband, in right of Samantha, from the decree of the court, dismissing, for want of jurisdiction, a bill filed by said parties setting forth the interest of said Samantha in the real estate of "which her late husband,' Hernán L. Brown, died seised, and praying for partition thereof. The facts are stated in the opinion of this court.

1Opinion of the CourtJustice Paxson

This is a question of jurisdiction. Heman L. Brown died *458intestate seised of thirty-three acres of improved land. He left surviving him a widow, Samantha Brown, and one child, Orletta Brown, a minor. Philip Mead,' guardian of said minor, by virtue of an order of the Orphans’ Court sold said land, subject to the widow’s interest, to Seth W. Rowley, the appellee. Samantha Brown, the widow, having subsequently intermarried with Alexander Brown, filed this bill in the. Common Pleas against said Rowley, for partition. The court below dismissed the bill for want of jurisdiction.

The 36th section of…

2Cases cited1 opinion

  1. Bishop's AppealSupreme Court of Pennsylvania · 1844

3Cited by4 opinions

  1. Nevin v. CatanachSupreme Court of Pennsylvania · 1919
  2. Hanna v. ClarkSupreme Court of Pennsylvania · 1899
  3. Stickles v. OviattSupreme Court of Pennsylvania · 1905
  4. Powell v. KellySupreme Court of Pennsylvania · 1932

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