Sill v. Swackhammer
Supreme Court of Pennsylvania
Error to the court of Common Pleas of Bradford county: Of January Term 1882, No. 377. This was an action of ejectment by John Swaekhammer against Charles Sill and Mary Sill his wife, for two pieces of land, adjoining each other, situate in Herrick township, Bradford county, one containing about 21 acres and the other 11 acres.
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Error to the court of Common Pleas of Bradford county: Of January Term 1882, No. 377. This was an action of ejectment by John Swaekhammer against Charles Sill and Mary Sill his wife, for two pieces of land, adjoining each other, situate in Herrick township, Bradford county, one containing about 21 acres and the other 11 acres. On the trial, before Morrow, P. J., the plaintiff’s evidence tended to show that Charles Sill, one of the defendants, in 1861, purchased, by contract, the land in suit from I. hi. Coe- and Burton Kingsbury, and paid at least part of the purchase money before the…
1Opinion of the CourtJustice Green
John Swackhammer was a judgment creditor of Philip Swackhammer. The legal title to the land in controversy was in Philip at the time, and before John's judgment was entered. John, therefore, had the rights of a judgment creditor of Philip, but that was all ; he had net the right of a purchaser of the legal title against the equitable owner, and was certainly bound by express notice of the equitable title, given at any time before his own title was acquired. This has been very often ruled. In Reed’s Appeal, 1 Harris 475, Gibson, C. J., *12said : “ If anything is settled by reason and authority,…
2Cited by11 opinions
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- Rosa v. HummelSupreme Court of Pennsylvania · 1916
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