Legal Opinion

Doebler's Appeal

Supreme Court of Pennsylvania

Decided February 7, 1870PublishedCited by 34 opinions

Appeals from the decree of the Court of Common Pleas of Columbia county: In Equity. On the 19th of April 1869, Elisha H. Biggs filed a hill against Charles H. Doebler for the specific performance of an agreement, dated August 21st 1868, by which the plaintiff covenanted to convey to the defendant a lot of land in Bloomsburg for the consideration of $3000, of which $100 was to be paid on the execution of the agreement, $400 on the 1st of October following, and the remainder…

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Appeals from the decree of the Court of Common Pleas of Columbia county: In Equity. On the 19th of April 1869, Elisha H. Biggs filed a hill against Charles H. Doebler for the specific performance of an agreement, dated August 21st 1868, by which the plaintiff covenanted to convey to the defendant a lot of land in Bloomsburg for the consideration of $3000, of which $100 was to be paid on the execution of the agreement, $400 on the 1st of October following, and the remainder in semi-annual payments of $500 each, with interest until all the purchase-money should be paid. Upon the defendant…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

— These are appeals by both parties from the decree of the court below upon a bill in equity to enforce the specific performance of a contract of sale, in which the only question presented is, whether the plaintiff had such a title to the premises as the defendant the purchaser could be compelled to accept. The plaintiff insists that he has a fee simple; the defendant that he has but a life estate. The learned court below thought, as it would seem, perhaps, that he had an estate tail, and decreed accordingly that the plaintiff should…

2Cases cited4 opinions

  1. Purnell v. Morton Live Stock Co.Tennessee Supreme Court · 1928
  2. Lessee of Hauer v. SheetzSupreme Court of Pennsylvania · 1807
  3. Holmes v. Lessee of HolmesSupreme Court of Pennsylvania · 1812
  4. Lessee of Hauer v. ShitzSupreme Court of Pennsylvania · 1801

3Cited by34 opinions

  1. Pattin v. ScottSupreme Court of Pennsylvania · 1921
  2. Bouldin v. MillerTexas Supreme Court · 1894
  3. Reiff v. PepoSupreme Court of Pennsylvania · 1927
  4. Shapley v. DiehlSupreme Court of Pennsylvania · 1902
  5. Glenn v. StewartSupreme Court of Pennsylvania · 1919

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