Myers v. Myers
Supreme Court of Pennsylvania
Error to the Common Pleas of Indiana county. This was an ejectment for a lot in the borough of Saltsburg. In March, 1847, Butler Myers contracted with William P. Gregg for the purchase of the lot in question for the consideration of $100, for which he paid in two notes, on Thompson McCrea, to that amount. Gregg gave a receipt in full for the consideration, stipulating to make to said Butler Myers a warranty deed for the same.
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Error to the Common Pleas of Indiana county. This was an ejectment for a lot in the borough of Saltsburg. In March, 1847, Butler Myers contracted with William P. Gregg for the purchase of the lot in question for the consideration of $100, for which he paid in two notes, on Thompson McCrea, to that amount. Gregg gave a receipt in full for the consideration, stipulating to make to said Butler Myers a warranty deed for the same. After making the contract, Butler Myers agreed by parol with the defendant, his son, that Gregg should make the deed to him, provided defendant would pay certain debts…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
George W. Myers is in possession of the land in controversy, under a conveyance from Gregg of the legal estate. Butler Myers, the plaintiff below, claims the land under a previous contract with Gregg, and the payment of the purchase-money.
This would give him an equitable title, if nothing existed to rebut his equity. But there is evidence to show that the conveyance was made by Gregg to George W. Myers, with the assent of Butler Myers, in consideration of the assumption of liabilities by the latter.' This, if established to the satisfaction…
2Cited by1 opinion
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