M'Kennan v. Pry
Supreme Court of Pennsylvania
ERROR to the special court of Mifflin county. This was an action of ejectment by the heirs at law, Patrick Pry against Patrick M’Kennan, to recover a tract of land. It was admitted that Patrick Pry died seised of the land, and that the plaintiffs were his heirs at law.
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ERROR to the special court of Mifflin county. This was an action of ejectment by the heirs at law, Patrick Pry against Patrick M’Kennan, to recover a tract of land. It was admitted that Patrick Pry died seised of the land, and that the plaintiffs were his heirs at law. The defendants then gave in evidence the record of a judgment against Patrick Pry’s administrator, an execution, levy and sale of the land by the sheriff to Patrick M’Kennan, the defendant, and the sheriff’s deed to him, dated the 19th of January 1825, in consideration of 140 dollars. The plaintiffs alleged that the purchase…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
If the defendant was a trustee, it cannot be doubted that the plaintiffs could not recover, without payment or tender of the purchase money; but this the plaintiff denied, and the cause went to the jury on the ground that the defendant had been guilty of fraud, and the jury having so found, this cannot be distinguished, in principle, from Gilbert v. Hoffman, 2 Watts 66. No objection can be taken to the charge; for if the vendee alleged that he was purchasing for the children, when, in truth, he was purchasing for himself, it was not incumbent…
2Cases cited1 opinion
- Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
3Cited by4 opinions
- Shields v. MiltenbergerSupreme Court of Pennsylvania · 1850
- Hoffman v. StroheckerSupreme Court of Pennsylvania · 1838
- Beegle v. WentzSupreme Court of Pennsylvania · 1867
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1841