Neave v. Jenkins
Supreme Court of Pennsylvania
The plaintiff declared on articles of agreement executed between him and the defendant, dated February 1st, 1788, whereby the said J. covenanted to pay the said S. 97/. 4s. 5d. on the 1st February 1789, with interest, and the like sum of 97/. 4s. 5d. on the 1st February 1790, with interest, and the sum of 97/. 4s. 5d. on the 1st February 1791; in consideration whereof the said S. conveyed to the said J. and his heirs one undivided sixth part of two tracts of land in…
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The plaintiff declared on articles of agreement executed between him and the defendant, dated February 1st, 1788, whereby the said J. covenanted to pay the said S. 97/. 4s. 5d. on the 1st February 1789, with interest, and the like sum of 97/. 4s. 5d. on the 1st February 1790, with interest, and the sum of 97/. 4s. 5d. on the 1st February 1791; in consideration whereof the said S. conveyed to the said J. and his heirs one undivided sixth part of two tracts of land in Caernarvon township, containing 176 acres, and covenanted to execute a good and sufficient title thereof at the proper costs and…
1Opinion of the Court
But by the comb.
It is sufficiently clear from the whole of the instrument taken together, and the circumstance of the plaintiff being then a married man, that the real intention of the parties was that it should'be considered merely as articles executory. Here the plaintiff was to do the first act, by making a good and sufficient title to the lands on or before the 1st May 1788. The stipulation that the deed should be made at the expense of the defendant does not vary the case. Moor, 645. 5 Co. 22. b. 10 Mod. 505. Further, the plaintiff has expressly laid his having made such a deed as the…
2Cited by5 opinions
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