Legal Opinion

Morrow ex rel. Isett v. Brenizer

Supreme Court of Pennsylvania

Decided November 1, 1828PublishedCited by 26 opinions

Error to the Court of Common Pleas of Cumberland county. Assumpsit for money had and received. The plaintiffs in error were plaintiffs below. In the court below, a special verdict was found, on which, that court gave judgment for the defendant.

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Error to the Court of Common Pleas of Cumberland county. Assumpsit for money had and received. The plaintiffs in error were plaintiffs below. In the court below, a special verdict was found, on which, that court gave judgment for the defendant. John Brenizer, in his life time, and at his death, was seised in fee of a tract of land, in Allen township, Cumberland county, containing 215 acres; and made his will, dated the 25th of July, 1805, which was duly proved and registered in Cumberland county, on the 5th of Judy, 1816, whereof the defendant was appointed executor, and took upon himself the…

1Opinion of the Court

The opinion of the court (Huston, J. dissenting,) was delivered by

Gibson, C. J.

— A majority of the court are for adhering to the decision in Allison v. Wilson’s Executors, 13 Serg. & Rawle, 330, without absolutely assenting to the propriety of it on original grounds; For myself, I cannot bring my mind to doubt its propriety on any ground. The opinion of the court was not, as has been supposed, rested exclusively on the authority of Craig v. Leslie, 3 Wheat. 563. An intimate knowledge of the eminent men with whom I wás associated, enables me to say, the result would have been the same, had…

2Cases cited8 opinions

  1. Craig v. LeslieSupreme Court of the United States · 1818
  2. Wilt v. FranklinSupreme Court of Pennsylvania · 1809
  3. Daly's Lessee v. JamesSupreme Court of the United States · 1823
  4. Allison v. Wilson's ExecutorsSupreme Court of Pennsylvania · 1825
  5. Roe v. HumphreysSupreme Court of Pennsylvania · 1795

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3Cited by26 opinions

  1. Allison v. KurtzSupreme Court of Pennsylvania · 1834
  2. Barrett v. OrmanCourt of Appeals for the Tenth Circuit · 2010
  3. Painter v. PainterSupreme Court of Pennsylvania · 1908
  4. Case of Hartman's EstateSupreme Court of Pennsylvania · 1833
  5. Jones v. CaldwellSupreme Court of Pennsylvania · 1881

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

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