Williams v. Bentley
Supreme Court of Pennsylvania
Error to the Common Pleas of JErie county. This was an action of ejectment brought by Wareham B. Williams againgst Rebecca Bentley et al., to recover the possession of 100 acres of land. Henry Crammond, by his agent, Judah C. Spencer, entered into an article of agreement with William Bentley for the sale of the land now in dispute.
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Error to the Common Pleas of JErie county. This was an action of ejectment brought by Wareham B. Williams againgst Rebecca Bentley et al., to recover the possession of 100 acres of land. Henry Crammond, by his agent, Judah C. Spencer, entered into an article of agreement with William Bentley for the sale of the land now in dispute. On the 30th December, 1850, all of the purchase-money had been paid except $60, when the following agreement was executed:— This agreement, made the 30th day of December, 1850, between William Bentley, of Venango township, county of Erie, and state of Pennsylvania,…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
It is very material in the decision of this cause to determine whether the plaintiff has an executed conveyance of the land, or only an executory contract for one, on compliance with the terms of the bargain. If he has the legal estate he asks no favours at the hand of the chancellor, and is under no obligation to show performance of his contract. He may, of course, stand upon his deed, as a legal title to recover, until it is impeached by such evidence as' would avoid it at law, or move the conscience of a chancellor to grant an injunction…
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