Thompson v. McKinley's Administrator
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Orawford county. This was an action of ejectment by Jedediah K. Burnham, administrator de bonis non of Robert McKinley, deceased, against Henry S. Thompson, for eighty acres of land in South Shenango township, and was brought to enforce the payment of purchase-money.
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Error to tbe Common Pleas of Orawford county. This was an action of ejectment by Jedediah K. Burnham, administrator de bonis non of Robert McKinley, deceased, against Henry S. Thompson, for eighty acres of land in South Shenango township, and was brought to enforce the payment of purchase-money. By articles of agreement between the plaintiff’s intestate and the defendant, dated April 12th 1856, the former covenanted to sell and to convey by a good and warranty deed w'hen the last payment should be made, the land embraced in the suit; for which defendant covenanted to pay $1360; $500 in hand,…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
We agree with the learned judge below, that the proof of notice of the time and place of taking testimony to establish the execution of the articles of agreement was primé facie concluded by the decree of the sufficiency of the proof. If such a defect existed, it should have been corrected on appeal. The decree is not to be overthrown in a collateral proceeding.
But we are not so well satisfied that the ruling in regard to the alleged tender was in accordance with the practice in cases of this kind. A defendant in ejectment, who occupies…
2Cases cited1 opinion
- Magaw v. LothropSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Kardos v. MorrisSupreme Court of Pennsylvania · 1977
- Liazis v. Kosta, Inc.Superior Court of Pennsylvania · 1992
- Calhoun v. HaysSuperior Court of Pennsylvania · 1944
- Muccioli v. Kaminski, Pennsylvania Court of Common Pleas, Cambria County1951