Kerr v. Gilmore
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. Ejectment by James Kerr against William Gilmore and others. The plaintiffs below, Joseph Gilmore and Joseph Figley, claimed three-eighth parts of a tract of land, admitted to have, at one time, been the property of John Gilmore, deceased. The parts in dispute became vested in Joseph and Benjamin Gilmore, by descent and by purchase of one-eighth.
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ERROR to the district court of Allegheny county. Ejectment by James Kerr against William Gilmore and others. The plaintiffs below, Joseph Gilmore and Joseph Figley, claimed three-eighth parts of a tract of land, admitted to have, at one time, been the property of John Gilmore, deceased. The parts in dispute became vested in Joseph and Benjamin Gilmore, by descent and by purchase of one-eighth. Joseph and Benjamin Gilmore, together with the widow of John Gilmore, deceased, on the 8th of June 1827, conveyed three-eighths of the whole tract by deed, with special, and also with generaL-warranty…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
Originally, it would seem that what are now called mortgages, whether contained in one instrument, or divided into an absolute deed and a defeasance on a separate paper, were considered at common law as sales on condition, and if the condition was not performed at the day, the estate became absolute, and could never be recovered; payment or tender afterwards were equally unavailing; and perhaps we may suppose this was the intention of one party, and the terms submitted to by the other under the infatuation which seems at all times to have…
2Cases cited4 opinions
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- Colwell v. WoodsSupreme Court of Pennsylvania · 1834
- Wharf v. HowellSupreme Court of Pennsylvania · 1813
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- Hickox v. LoweCalifornia Supreme Court · 1858
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