Legal Opinion

Rumfelt v. Clemens

Supreme Court of Pennsylvania

Decided February 8, 1864PublishedCited by 3 opinions

Error to the Common Pleas of Snyder county. This was an action of ejectment, by Peter Clemens and Harriet his wife, brought January 22d 1862, to recover the undivided ■moiety of a tract of land in Chapman township. Under the ruling of the court below (Wood, P. J.), there was a verdict and judgment in favour of the plaintiff. Whereupon this writ was sued out by the defendant.

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Error to the Common Pleas of Snyder county. This was an action of ejectment, by Peter Clemens and Harriet his wife, brought January 22d 1862, to recover the undivided ■moiety of a tract of land in Chapman township. Under the ruling of the court below (Wood, P. J.), there was a verdict and judgment in favour of the plaintiff. Whereupon this writ was sued out by the defendant. All the material facts of the case, and the matters assigned here for error, are fully stated in the opinion of this court.

1Opinion of the Court

The opinion of the court was delivered, February 8th 1864, by

Agnbw, J.

Peter Clemens and wife contracted to sell the title of Mrs. Clemens in the land in controversy to William Gr. Herrold, by article of agreement, dated March 12th 1836, for $525, gave possession, and, it is alleged, received the purchase-money. Repudiating the sale as void, they brought this ejectment against the defendant, who was in possession under the agreement.

*456The errors assigned raise two questions : first, the validity of the agreement, and, secondly, the right to hold the possession in equity until the purchase-money…

2Cases cited1 opinion

  1. Dorrance v. ScottSupreme Court of Pennsylvania · 1838

3Cited by3 opinions

  1. BOSSES v. MAHALSKYSupreme Court of Pennsylvania · 1950
  2. Haines TrustSupreme Court of Pennsylvania · 1946
  3. Commonwealth v. JoyceSuperior Court of Pennsylvania · 1897

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