Reports of Cases Argued and Determined in the Supreme Court of Pennsylvania, Volume 10J. Kay, Jun. & Brother, 1841 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 13
... claim with diligence , is to be preferred to a previous purchaser claiming under a sheriff's deed , the acknowledgment of which has never been registered . In Pennsylvania the recording acts are applicable equally to legal and equita ...
... claim with diligence , is to be preferred to a previous purchaser claiming under a sheriff's deed , the acknowledgment of which has never been registered . In Pennsylvania the recording acts are applicable equally to legal and equita ...
Page 25
... claim under Spees , are in a better situation than Spees himself , and connected with this to examine whether the plaintiff is a bona fide purchaser without notice . It is unnecessary to review this question in its re- lation to the ...
... claim under Spees , are in a better situation than Spees himself , and connected with this to examine whether the plaintiff is a bona fide purchaser without notice . It is unnecessary to review this question in its re- lation to the ...
Page 27
... claim ; if he had neglected to do this , he would have been , as Mr Chew was , without equity , and the subsequent acquisition of the legal title , would have been avail- able . But in this case the defendants , as well as the plaintiff ...
... claim ; if he had neglected to do this , he would have been , as Mr Chew was , without equity , and the subsequent acquisition of the legal title , would have been avail- able . But in this case the defendants , as well as the plaintiff ...
Page 28
... claim under a man who has altogether omitted to perform a duty which the law casts upon him . Christian Bower who purchased the property as the agent of Mr Bellas , testifies that he received no notice of any other claim when he ...
... claim under a man who has altogether omitted to perform a duty which the law casts upon him . Christian Bower who purchased the property as the agent of Mr Bellas , testifies that he received no notice of any other claim when he ...
Page 30
... claim , except by Dunkleberger , whose title is disclaimed by plaintiff and defen- dants . In addition to this sum , for which he is absolutely bound , and which is paid , he is liable in the contingent event of establish- ing his right ...
... claim , except by Dunkleberger , whose title is disclaimed by plaintiff and defen- dants . In addition to this sum , for which he is absolutely bound , and which is paid , he is liable in the contingent event of establish- ing his right ...
Other editions - View all
Common terms and phrases
acknowledgment acres act of assembly action aforesaid agreement Allegheny county amount appear assignment assumpsit Bellas bond Bradford county Caleb cents charge cited claim common pleas commonwealth contract conveyance counsel court was delivered creditors debt debtor declaration defendant in error defendant's dollars ejectment endorsed entered entitled entry equitable execution executors fact father favour fee simple fieri facias gave in evidence given Gregg heirs Inman interest issued James John Braden John Inman John Ormsby Judgment affirmed jury justice legal title levy Lewis M'Call M'Carty M'Cullough ment notice O'Conner Oliver Ormsby opinion owner paid parties payment person plaintiff in error possession proof proved purchase-money purchaser Rawle received record recover rendered rent replevin scire facias Serg sheriff sheriff's deed sheriff's sale sold statute of limitations suit survey taxes tenant testator testimony thereof tion trustee vendee verdict void warrant Watts William witness Woods writ
Popular passages
Page 153 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 66 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Page 89 - This being found inconvenient, it was enacted by the above statute, § 1. that " where several persons shall be made defendants to any action of trespass, assault, false imprisonment, or ejectione firmx, and any one or more of them shall be, upon the trial thereof, acquitted by verdict, every person so acquitted shall recover his costs of suit, in like manner as if...
Page 170 - It is a general rule in equity, that when a man buys land in the name of another, and pays the consideration money, the land will generally be held by the grantee in trust for the person who so paid the purchase money.
Page 109 - The result of the cases is this: if upon sale with a warranty, or if by the special terms of the contract, the vendee is at liberty to return the article sold, an offer to return it is equivalent to an offer accepted by the vendor, and, in that case, the contract is rescinded and at an end, which is a sufficient defence to an action brought by the vendor for the purchase money, or to enable the vendee to maintain an action for money had and received in case the purchase money has been paid.
Page 174 - ... no means to trace the nature, extent, or origin of the claim, and thus open the w.ay to the most oppressive charges. If we proceed one step further, and admit that loose and general expressions, from which a probable or possible inference may be deduced of the acknowledgment of a debt, by a Court or jury; that, as the language of some cases has been, any acknowledgment, however...
Page 175 - ... intrinsic aid before it can possess legal certainty. Now, if this be so, does it not let in the whole mischief intended to be guarded against by the statute ? Does it not enable the party to bring forward stale demands after a lapse of time, when the proper evidence of the real state of the transaction cannot be produced ? Does it not tend to encourage perjury, by removing the bar upon slight acknowledgments of an indeterminate nature...
Page 24 - A court of record is that,where the acts and judicial proceedings are enrolled in paper or parchment for a perpetual memorial and testimony: which rolls are called the records of the court, and are of such high and super-eminent authority, that their truth is not to be called in question.
Page 171 - There was also an order that a certain tract of land should be sold and the proceeds applied to the payment of the decree.
Page 209 - ... it was sold for, and every such tract of land shall not thereafter, so long as the same shall remain the property of the county, be charged in the duplicate of the .proper collector; but for five years next following such sale, if it shall so long remain unredeemed, the commissioners shall, in separate columns in the same book, charge every such tract of land with reasonable county and road tax, according to the quality of the said land, not exceeding in any case the sum of six dollars for every...