Day v. Lowrie
Supreme Court of Pennsylvania
ERROR to the common pleas of Warren county. N. A. Lowrie against John Day and William Meredith. The following facts stated were considered in the nature of a special verdict, with leave to either party to sue out a writ error.
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ERROR to the common pleas of Warren county. N. A. Lowrie against John Day and William Meredith. The following facts stated were considered in the nature of a special verdict, with leave to either party to sue out a writ error. On the 12th of May 1830 an article of agreement was entered into between Day and Meredith and Shubie and Chappel for the sale of a tract of land situated in Warren county; and Day and Meredith at the same time took a judgment bond for the purchase-money; and the said Chappel then took possession of the said land, and made considerable improvements; the bond was entered…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
This case is in principle ruled by the cases of Purviance v. Lemmon, 16 Serg. & Rawle 292, and Chew v. Mathers’ executors, 1 Penns. Rep. 474. The vendor articles to sell the _land, but retains the legal estate until the purchase-money is paid, for which he takes a judgment bond. The vendee goes into possession, and makes default in payment. The vendor enters up his judgment, sells the land on an execution and purchases it for less than the purchase-money due. By so doing the contract is rescinded and the articles of agreement are…
2Cases cited1 opinion
- Purviance v. LemmonSupreme Court of Pennsylvania · 1827
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