Breinig v. Smith
Supreme Court of Pennsylvania
Appeal, No. 247, Jan. T., 1920, by defendants, from judgment of C. P. Northampton Co., Nov. T., 1919, No. 82, for plaintiff, on case stated, in suit of Joseph S. G. Breinig v. Daniel A. Smith and Julia L. Smith. Case-stated to determine marketability of real estate. Before Stewart, P. J. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiff on the case-stated. Defendant appealed. Error assigned was entry of judgment for plaintiff.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This is an appeal by defendants from a judgment for plaintiff on a case-stated, to test the title of the latter in certain real estate, passing to him under the will of his father, Simon Breinig, who died January 6, 1906.
In Breinig v. Oldt, 45 Pa. Superior Ct. 629, an elaborate opinion by President Judge Scott, of the Northampton Common Pleas, determining that Joseph S. G. Breinig takes a fee-simple in all of his father’s real estate, is adopted per curiam; and the court below states counsel admitted at the trial of the present case that it was an attempt to…
2Cases cited7 opinions
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3Cited by10 opinions
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