Brown, B. v. Est. of G. Boulden

CourtSuperior Court of Pennsylvania
DecidedApril 10, 2025
Docket1016 EDA 2024
StatusUnpublished

This text of Brown, B. v. Est. of G. Boulden (Brown, B. v. Est. of G. Boulden) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown, B. v. Est. of G. Boulden, (Pa. Ct. App. 2025).

Opinion

J-A28029-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

BERTHA BROWN : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ESTATE OF GENEVIEVE BOULDEN, : ESTATE OF HERMON JACKMON, : TRACY BOULDEN, AND TROY : No. 1016 EDA 2024 BOULDEN : : Appellants :

Appeal from the Order Entered March 18, 2024 In the Court of Common Pleas of Philadelphia County Civil Division at No: 230600622

BEFORE: PANELLA, P.J.E., STABILE, J., and NICHOLS, J.

MEMORANDUM BY STABILE, J.: FILED APRIL 10, 2025

In this quiet title action, the Estate of Genevieve Boulden, the Estate of

Hermon Jackmon, Tracy Boulden, and Troy Boulden, Bertha Brown

(collectively, Appellants), seek review of an order of the Court of Common

Pleas of Philadelphia County (trial court) entering judgment on the pleadings

in favor of Appellee, Bertha Brown, and awarding her quiet title to the property

located at 2225 West Dauphin Street in Philadelphia (the property). The trial

court found that Appellants were barred from opposing Appellee’s right to

quiet title because they failed to timely respond to the affirmative defenses

raised in Appellee’s new matter. We find that the trial court erred in doing so

because the averments in that new matter were legal conclusions which did

not require a response, making judgment on the pleadings improper. J-A28029-24

Accordingly, we reverse the order on review and remand the case for further

proceedings.

The procedural history of this case is a bit convoluted. The litigation

between the parties to this appeal began on January 28, 2022, when

Appellant, the Estate of Genevieve Boulden, filed an ejectment action against

Appellee, who had possession of the property. In response, Appellee filed a

counterclaim for quiet title, asserted under a theory of adverse possession.

She claimed that she had occupied the property since 2009, having found it

abandoned. The last recorded deed to the property was entered in 1948,

when it was purchased by Hermon Jackson and Odessa Jackson. The Estate

of Genevieve Boulden maintained that the property had not been abandoned,

that Genevieve Boulden was the child and heir of the most recent purchasers,

and that Appellee had no right to the property.1

The trial court found in Appellee’s favor on the ejectment claim, but

dismissed (without prejudice) Appellee’s counterclaim for quiet title. On April

21, 2023, the trial court denied the post-trial motion filed by Appellant, the

Estate of Genevieve Boulden, and that ruling was not appealed.

Appellee then commenced the present quiet title action on June 7, 2023.

All of the above-captioned Appellants were named as defendants in that case.

Appellee alleged in the complaint that she had acquired quiet title to the

property under the doctrine of adverse possession. See Appellee’s Complaint

____________________________________________

1 Appellants are either the estates of those prior owners, or their heirs.

-2- J-A28029-24

(Quiet Title), 6/7/2023, at paras. 21-56. In paragraphs 57 through 67 of her

complaint, Appellee asserted that the doctrines of res judicata and collateral

estoppel barred Appellants from contesting her right to quiet title, through an

ejectment action, because Appellee had prevailed in the earlier ejectment

action filed by Appellant, the Estate of Genevieve Boulden:

57. Although the Property’s record owners, heirs, successors and/or assigns have one year in which to respond to a quiet title action under § 5527.1(d), [Appellants] are estopped from bringing an ejectment action against [Appellee] due to this Court’s previous and final judgement in favor of [Appellee] and against the [Appellants] in an ejectment action.

58. “Pursuant to the doctrine of res judicata, a final judgment on the merits by a court of competent jurisdiction will bar any future suit between the parties or their privies in connection with the same cause of action.”

59. Collateral estoppel applies if (1) the issue decided in the prior case is identical to one presented in the later case; (2) there was a final judgment on the merits; (3) the party against whom the plea is asserted was a party or in privity with a party in the prior case; (4) the party or person privy to the party against whom the doctrine is asserted had a full and fair opportunity to litigate the issue in the prior proceeding and (5) the determination in the prior proceeding was essential to the judgment.

60. As stated above, the Estate of Genevieve Boulden brought an ejectment action against [Appellee] in connection with the Property and the Court found in favor of [Appellee].

61. The ejectment action the Estate brought against [Appellee] is identical to future ejectment actions that may be brought in response to this quiet title action, as contemplated by the adverse possession statute under § 5527.1(d).

62. The Estate of Herman Jackmon, Tracy Boulden, and Troy Boulden are also estopped from bringing an ejectment claim

-3- J-A28029-24

against [Appellee] because those [Appellants] are in privity with the Estate of Genevieve Boulden.

63. “[P]rivity denotes mutual or successive relationship to the right of property, title, or estate.”

64. [Appellants] had a full and fair opportunity to litigate the issue on March 15, 2023, when the case was tried before the [trial court].

65. There was a final judgment on the merits because the [trial court] found in favor of [Appellee] on April 4, 2023, the Court denied the Estate’s post-trial motions, and the Estate did not appeal in a timely manner.

66. On November 29, 2022, upon filing a Praecipe to Index as Lis Pendens to the Prothonotary of the Court of Common Pleas of Philadelphia County, Ms. Brown provided notice of action to quiet title pursuant to 42 Pa.C.S. § 5527.1(c), which requires the Plaintiff to provide notice relating to [Appellants’] ability to cure the adverse possession. Along with this Action to Quiet Title, [Appellee] files a second notice to her interest in the property.

67. Although the Property’s record owners, heirs, successors and/or assigns have one year in which to respond to a quiet title action under § 5527.1(d), the one-year waiting period therefore does not apply here because, as described above, [Appellants] are estopped from bringing an ejectment action against [Appellee].

Id., at paras. 57-67. (Internal citations omitted).

On August 9, 2023, Appellants together filed an answer, new matter,

and a counterclaim. In their answer, Appellants denied much of the factual

basis for Appellee’s adverse possession claim. See Appellant’s Answer, New

Matter, and Counterclaim, 8/9/2023, at paras. 21-51 (denying Appellee’s

averments, and stating that Appellants lacked information or knowledge to

form a belief as to the asserted facts, requiring “strict proof at trial”).

-4- J-A28029-24

With respect to paragraphs 51 through 56 of Appellee’s complaint,

however, which related to whether Appellee’s possession of the property was

“hostile” for the purposes of the adverse possession statute, Appellants’

position was less clear. Paragraph 52 of the Answer was left blank, and

paragraphs 53 through 57 each included just the word, “Strict,” which is

equivalent to no response. See id., at paras. 51-57.

As to the application of res judicata and collateral estoppel, raised in

paragraphs 57 through 67 of Appellee’s complaint, Appellants answered that

the averments in those paragraphs were denied, and that they constituted a

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