Lessee of Mathers v. Akewright
Supreme Court of Pennsylvania
IN this case a verdict was taken for the plaintiff at the Mercer Circuit in September 1808, subject to the opinion of the court upon a point reserved; and judgment being entered for the plaintiff, the case came to this court by appeal, A certain John Kean who had commenced a settlem ent upon the tract of land in question, articled to convey 100 acres of it to the defendant, who agreed to make settlement &c. in five years, and to clear and fence four acres in Kean’s part.
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IN this case a verdict was taken for the plaintiff at the Mercer Circuit in September 1808, subject to the opinion of the court upon a point reserved; and judgment being entered for the plaintiff, the case came to this court by appeal, A certain John Kean who had commenced a settlem ent upon the tract of land in question, articled to convey 100 acres of it to the defendant, who agreed to make settlement &c. in five years, and to clear and fence four acres in Kean’s part. Kean afterwards left the state, and the defendant caused a survey to be made in his own name, and said he would have the…
1Per curiam
The defendant ought to be secured in the 100 acres according to the article; and that may be done by-ordering stay of execution until the title is secured. But he ought to pay costs, because the first act of misconduct came from him, in disavowing the article, and endeavouring to secure the whole land for himself.
Judgment affirmed, with stay of execution, until the title of the defendant to the 100 acres should be secured according to the article of agreement.
2Cited by3 opinions
- M'Call v. LenoxSupreme Court of Pennsylvania · 1823
- Bixler v. KunkleSupreme Court of Pennsylvania · 1828
- Nicholas v. WolfersbergerSupreme Court of Pennsylvania · 1819