Bradley v. O'Donnell
Supreme Court of Pennsylvania
Error to the Common Pleas of Cambria county. This was an ejectment by William Bradley against Hugh O’Donnell and Francis A. Storm, for a lot of ground in .Washington township. On the 24th October 1853, William Bradley, the plaintiff, by articles of agreement, under seal, sold the premises in dispute to Hugh O’Donnell.
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Error to the Common Pleas of Cambria county. This was an ejectment by William Bradley against Hugh O’Donnell and Francis A. Storm, for a lot of ground in .Washington township. On the 24th October 1853, William Bradley, the plaintiff, by articles of agreement, under seal, sold the premises in dispute to Hugh O’Donnell. This agreement stipulated for the payment of the purchase-money in instalments, and provided that when the last payment should be made, a title should he made to the vendee. On the 17th October 1854, O’Donnell gave Bradley two single bills for the unpaid purchase-money, payable,…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
The learned judge ruled this case on the authority of Harbach v. Riley, 7 Barr 81, without taking notice of two distinctions, the latter of which is very important. That was a case of distribution among lien-creditors — this, an action of ejectment by a vendor to enforce payment of purchase-money; but the more important distinction is, that Harbach, who was the vendor in that case, was the judgment-creditor who brought the vendee’s equitable estate to sheriff’s sale, and was himself also the purchaser at that sale — whereas, in the case…
2Cases cited1 opinion
- Love v. JonesSupreme Court of Pennsylvania · 1835
3Cited by2 opinions
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Ballas v. WolffSuperior Court of Pennsylvania · 1899