Goucher v. Martin
Supreme Court of Pennsylvania
• ERROR to the common pleas of Fayette county. . Benjamin Martin against John Goucher. Ejectment for a tract of land.. ■ On the 25th'of June 1835, the parties to this suit, entered into a written agreement, by which the plaintiff sold the land in dispute to the defendant, for the consideration of 2340 dollars, in six equal and annual payments.
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• ERROR to the common pleas of Fayette county. . Benjamin Martin against John Goucher. Ejectment for a tract of land.. ■ On the 25th'of June 1835, the parties to this suit, entered into a written agreement, by which the plaintiff sold the land in dispute to the defendant, for the consideration of 2340 dollars, in six equal and annual payments. In the month of September 1837, when the defendant had made the first two payments, a transaction happened between the parties, by which the plaintiff alleged that he had repurchased the land from the defendant by parol, and had entered satisfaction on…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
It is a general rule, that no estate or interest in land shall pass but by deed, or some instrument in writing, signed by the parties; and it is immaterial whether the interest be legal or equitable, as an equitable interest is an interest in land which comes within the words and spirit of the statute of frauds. And what is this but a resale of the premises by Goueher to Martin by parol, unaccompanied by any act which, according to th.e decisions of the court, takes it out of the operation of the statute. Martin sold the property to Goueher…
2Cases cited1 opinion
- Haslet v. HasletSupreme Court of Pennsylvania · 1837
3Cited by14 opinions
- Hart v. CarrollSupreme Court of Pennsylvania · 1877
- Boyce v. M'CullochSupreme Court of Pennsylvania · 1842
- Meason v. KaineSupreme Court of Pennsylvania · 1870
- Poorman v. KilgoreSupreme Court of Pennsylvania · 1855
- Tetlow's EstateSupreme Court of Pennsylvania · 1936
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