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Doman v. Brogan

Superior Court of Pennsylvania
592 A.2d 104 (1991)


Facts

George and Donna Doman (defendants) and Bertha Brogan (plaintiff) owned adjacent lots on which two houses connected to one other sat. The deeds to the lots were both granted by Ada Doman, who divided her single lot. The deeds stated that the lots were to be divided according to a center wall separating the residences. However, the metes and bounds provided in the deed indicated a boundary that was situated in the Domans’ home. If given a literal interpretation, Ms. Brogan would be entitled to portions of the Domans’ bedroom. Ms. Brogan brought suit to have the boundary set at a point that travelled through the Domans’ home. The trial court ruled in favor of the Domans, declaring that the deeds intended the boundary to travel through the center wall that divided the two residences. Ms. Brogan appealed to the Superior Court of Pennsylvania.

Rule of Law

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Issue

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Holding and Reasoning (Popovich, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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