Bickel v. James
Supreme Court of Pennsylvania
ERROR to the common pleas of Berks county. William James against Anthony Bickel. Ejectment for a house and lot in the borough of Reading. It was conceded that the plaintiff at one time, was the owner of the lot in dispute. It appears, by the testimony of Michael Fisher, that he purchased the lot from James, the plaintiff, for 250 dollars. The contract was not in writing. Fisher was to pay for the lot before he got his deed.
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ERROR to the common pleas of Berks county. William James against Anthony Bickel. Ejectment for a house and lot in the borough of Reading. It was conceded that the plaintiff at one time, was the owner of the lot in dispute. It appears, by the testimony of Michael Fisher, that he purchased the lot from James, the plaintiff, for 250 dollars. The contract was not in writing. Fisher was to pay for the lot before he got his deed. He did not pay for the lot, nor did he get his deed. He was to have possession of the lot immediately after the agreement, and did take possession, and build thereon.…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
By the primitive act of 1803, supplied by the act of 1806, on which, with the supplement of 1808, the present question depends, the legislature hypothecated buildings for debts contracted in the construction of them. No more was contemplated in it than the usual case of a builder on his own ground; and hence, in an action against the legal owner, a lien was not allowed for materials furnished on the order of a vendee, by articles of agreement, because an action to enforce it could be maintained only on *11the contract by which the debt was…
2Cases cited1 opinion
- Savoy & Salter v. JonesSupreme Court of Pennsylvania · 1830
3Cited by7 opinions
- Waters v. WolfSupreme Court of Pennsylvania · 1894
- Citizens Bank v. LeskoSupreme Court of Pennsylvania · 1923
- Holdship v. AbercrombieSupreme Court of Pennsylvania · 1839
- Meanor v. GoldsmithSupreme Court of Pennsylvania · 1907
- Church v. GriffithSupreme Court of Pennsylvania · 1848
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