Butcher v. Metts
Pennsylvania Court of Common Pleas, Philadelphia County
THE facts of the case were these. The only count in the declaration was indebitatus assumpsit for money had and received by the defendant for the plaintiff’s use. The evidence received on the trial was, that Job Butcher, the plaintiff’s testator, by indenture dated in August 178?, conveyed a lot of ground to Adam Metts in fee, reserving thereout, a rent charge of 12 dollars 48 cents, payable annually by Adam Metis, his heirs and assigns, for ever.
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THE facts of the case were these. The only count in the declaration was indebitatus assumpsit for money had and received by the defendant for the plaintiff’s use. The evidence received on the trial was, that Job Butcher, the plaintiff’s testator, by indenture dated in August 178?, conveyed a lot of ground to Adam Metts in fee, reserving thereout, a rent charge of 12 dollars 48 cents, payable annually by Adam Metis, his heirs and assigns, for ever. In 1797 Adam Metis died intestate, leaving a widow, Barbara Metts, and several children, one of whom was George Metts, the defendant. Barbara…
1Opinion of the Court
The opinion of the Court was delivered by
Stroud, J.
In England, and such of our sister states as have followed her example in the establishment of a court of equity distinct from a court of common law, the only question upon this verdict would be, whether the part of the finding of the jury beyond the mere assessment of damages, could be rejected as surplusage. It is manifest, however, that the verdict will not admit of this construction. The finding is not of two distinct parts. They are made to depend on each other. The first part is not found except upon the condition which is expressed in…
2Cases cited4 opinions
- Pollard v. ShafferSupreme Court of the United States · 1787
- Jordan v. CooperSupreme Court of Pennsylvania · 1817
- Robinson v. EldridgeSupreme Court of Pennsylvania · 1823
- Witman v. ElySupreme Court of Pennsylvania · 1818