Eichelberger v. Gitt
Supreme Court of Pennsylvania
Erroe to the Court of Common Pleas of Adams county: Of May Term 1883, No. 12. This was an action of equitable ejectment brought January 25th 1882, wherein, by amendment, the plaintiffs were Amos Myers and A. F. Gitt, administrators c. t. a. of Henry Gitt, deceased, for the use of Edmund C. Gitt, trustee, now for the use of said Edmund C. Gitt, in his own right, against Henry Eichelberger, Bufus A. Eichelberger and Henry Coleman, defendants, to enforce payment of ten bonds of…
Read the full summary
Erroe to the Court of Common Pleas of Adams county: Of May Term 1883, No. 12. This was an action of equitable ejectment brought January 25th 1882, wherein, by amendment, the plaintiffs were Amos Myers and A. F. Gitt, administrators c. t. a. of Henry Gitt, deceased, for the use of Edmund C. Gitt, trustee, now for the use of said Edmund C. Gitt, in his own right, against Henry Eichelberger, Bufus A. Eichelberger and Henry Coleman, defendants, to enforce payment of ten bonds of $200 each, representing a balance of purchase-money, alleged to be due upon a tract of land in Oxford township, known…
1Opinion of the CourtJustice Trunkey
Henry Gitt conveyed the land to Abdiel E. Gitt, on December 21st 1853, “subject to the payment of five thousand nine hundred and fifteen dollars, the purchase money.” These are apt words for imposing a lien, the grantee took the estate, conditioned for the payment of a certain sum, and performance of the condition may be enforced by action of ejectment: Strauss’ Appeal, 49 Pa. St. 353.
When A. F. Gitt sold the land, the purchasers saw on the face of the title the condition upon which it was held by the vendor, and they cannot complain of want of notice. The formal receipt for the…
2Cited by7 opinions
- Rohn v. OdenwelderSupreme Court of Pennsylvania · 1894
- Manzer v. WycoffSuperior Court of Pennsylvania · 1922
- Hershey Et Ux. v. PoorbaughSuperior Court of Pennsylvania · 1941
- Stephenson's EstateSupreme Court of Pennsylvania · 1917
- Beattie's Assigned Estate, Pennsylvania Court of Common Pleas, Chester County1922
2 more not listed; retrieve them via the Exa API.