Legal Opinion

Wetherill v. Mecke

Philadelphia Court of Nisi Prius

Decided March 20, 1850Published

In Equity. Bill for specific performance. The bill stated that the complainant, being the owner of a house and lot of ground in the city of Philadelphia, on the 23d of June, 1849, sold the same to the respondent for $15,0005 and prayed that the respondent might be compelled to perform his agreement, and pay the purchase money to the complainant, with interest, on the execution of a proper conveyance.

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In Equity. Bill for specific performance. The bill stated that the complainant, being the owner of a house and lot of ground in the city of Philadelphia, on the 23d of June, 1849, sold the same to the respondent for $15,0005 and prayed that the respondent might be compelled to perform his agreement, and pay the purchase money to the complainant, with interest, on the execution of a proper conveyance. The answer admitted the agreement as set forth in the bill, except that it was expressly made a condition of the said agreement that the title to the premises should be undoubted. That respondent…

1Opinion of the Court

The following opinion was delivered by

Bell, J.

— No doubt the devisees named in the will of Dorothy Large took separate estates to their own use. But Sarah Large Mifflin (one of them) being a feme sole, this use was executed by the statute, and her conveyance of June, 1833, was therefore probably effective to convey her interest in the subject of that deed; more particularly, as the object seems to have been to effect a partition of the devised estate. Lancaster v. Dolan, 1 R. 246-7; 1 Saund. on Uses, 197. So, too, I think the agreement to enter into an amicable action of partition, between…

2Cases cited5 opinions

  1. Lancaster v. DolanSupreme Court of Pennsylvania · 1829
  2. Dorrance v. ScottSupreme Court of Pennsylvania · 1838
  3. Thomas v. FolwellSupreme Court of Pennsylvania · 1836
  4. Gratz v. GratzSupreme Court of Pennsylvania · 1834
  5. Pullen v. RianhardSupreme Court of Pennsylvania · 1836

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