Hersey v. Turbett
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was a scire facias on a mortgage given on the 22d January, 1851, by Ira Hersey to James Turbett. Thomas Foster in 1842 was the owner of the premises covered by the mortgage, and they were known as The New Haven Woollen Factory.
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Error to the Common Pleas of Fayette county. This was a scire facias on a mortgage given on the 22d January, 1851, by Ira Hersey to James Turbett. Thomas Foster in 1842 was the owner of the premises covered by the mortgage, and they were known as The New Haven Woollen Factory. He became embarrassed, and his property was levied, and being offered for sale by the sheriff, Samuel Bloeher, Isaac Shoemaker, and John R. Taylor, certain creditors and sureties of Foster, agreed to become the purchasers at the sheriff’s sale, and stipulated to pay $30,000, and that the title should be made to James…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
This was a scire facias on a mortgage given to James Turbett to secure the purchase-money for a tract of land conveyed by Turbett to Ira Hersey. The defence rests upon a defect in the title to the premises, which will be noticed hereafter. The general rule is, that wherever a defendant enters into possession of land under a contract with the plaintiff for the purchase of it, he will not be permitted to set up an independent title to protect a hostile possession. He must either pay the purchase-money or restore the possession to the person…
2Cases cited4 opinions
- Love v. JonesSupreme Court of Pennsylvania · 1835
- Hoffman v. CosterSupreme Court of Pennsylvania · 1837
- Congregation v. MilesSupreme Court of Pennsylvania · 1835
- Nerhooth v. AlthouseSupreme Court of Pennsylvania · 1839
3Cited by5 opinions
- Snayberger v. FahlSupreme Court of Pennsylvania · 1900
- Hillside Coal & Iron Co. v. HeermansSupreme Court of Pennsylvania · 1899
- Green v. RickSupreme Court of Pennsylvania · 1888
- Philadelphia v. NockSuperior Court of Pennsylvania · 1899
- National Fire Insurance v. McKaySuperior Court of Buffalo · 1867