Reports of Cases Argued and Determined in the Supreme Court of Pennsylvania, Volume 10J. Kay, Jun. & Brother, 1841 - Law reports, digests, etc |
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Page 17
... evidence of several witnesses , after having given the receipt as above stated in evidence , that a deed for the premises was delivered by the sheriff to James Merrill , the plain- tiff's attorney , who handed the same to Jacob Spees ...
... evidence of several witnesses , after having given the receipt as above stated in evidence , that a deed for the premises was delivered by the sheriff to James Merrill , the plain- tiff's attorney , who handed the same to Jacob Spees ...
Page 20
... evidence , and of course , must be determined by conjecture ; there is as much reason , viz . that is none at all , for believing , that the deed has been suppressed , because there was no memorandum upon it . But no such charge can ...
... evidence , and of course , must be determined by conjecture ; there is as much reason , viz . that is none at all , for believing , that the deed has been suppressed , because there was no memorandum upon it . But no such charge can ...
Page 24
... evidence of the contents of a record which is shown once to have existed , may be admitted , especially in cases where the record is the only inducement to an action , yet the inferior evidence must be above the degree of mere parol ...
... evidence of the contents of a record which is shown once to have existed , may be admitted , especially in cases where the record is the only inducement to an action , yet the inferior evidence must be above the degree of mere parol ...
Page 30
... evidence as contained in the bill of exceptions , and in charging the jury " that as the plaintiff purchased only an equitable interest from one who never had any thing more than an equitable interest , a title imperfect on its face ...
... evidence as contained in the bill of exceptions , and in charging the jury " that as the plaintiff purchased only an equitable interest from one who never had any thing more than an equitable interest , a title imperfect on its face ...
Page 40
... evidence , on the ground that the acknowledgment of the deed was sufficient evidence of its execution , and nothing more ; because the defendant was allowed . to show , if he could , that the sale was not made according to the ...
... evidence , on the ground that the acknowledgment of the deed was sufficient evidence of its execution , and nothing more ; because the defendant was allowed . to show , if he could , that the sale was not made according to the ...
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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...