Legal Opinion

Lessee of Stouffer v. Coleman

Supreme Court of Pennsylvania

Decided May 15, 1794PublishedCited by 13 opinions

EjBCTMBNT of 300 acres of land in Martick township. It was admitted, that the lessor of the plaintiff was seized of the premises in question, and on the 7th February 1783, entered into articles of agreement with Matthias Slough, whereby “Stouffer granted, bargained and sold, and doth “grant, bargain and sell, 100 acres of patented land, and 100 “ acres of warranted land, to said Slough, his heirs and as- “ signs, to hold the same to him, his heirs and assigns, to “and for…

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EjBCTMBNT of 300 acres of land in Martick township. It was admitted, that the lessor of the plaintiff was seized of the premises in question, and on the 7th February 1783, entered into articles of agreement with Matthias Slough, whereby “Stouffer granted, bargained and sold, and doth “grant, bargain and sell, 100 acres of patented land, and 100 “ acres of warranted land, to said Slough, his heirs and as- “ signs, to hold the same to him, his heirs and assigns, to “and for their use for ever, in consideration of 675I. to be “paid as follows: 400I. to be paid on the 1st May 1783, 137I. “ 10s.…

1Opinion of the Court

M’Kean C. J.

I sit single in this cause; my brother Yeates, who was formerly of counsel with the plaintiff, declining to intermeddle therein. Reasonable proposals have been made on the part of the plaintiff, which have not been acceded to. It rests therefore to see what the law is, and how far the court can interpose, to oblige all parties to do what is just and reasonable.

The legal and equitable construction of the articles must determine whether Stouffer shall be considered as a general creditor of Slough, or whether he has a lien on the premises.

The question shortly is, whether he actually…

2Cases cited5 opinions

  1. Williams v. BentleySupreme Court of Pennsylvania · 1856
  2. Hiester v. GreenSupreme Court of Pennsylvania · 1864
  3. Stewart v. CoderSupreme Court of Pennsylvania · 1849
  4. Case of Rhoads' EstateSupreme Court of Pennsylvania · 1832
  5. Erskine & Eichelberger v. SangstonSupreme Court of Pennsylvania · 1838

3Cited by13 opinions

  1. Bassett v. BudlongMichigan Supreme Court · 1889
  2. Barnes v. ReaSupreme Court of Pennsylvania · 1908
  3. Bear v. WhislerSupreme Court of Pennsylvania · 1838
  4. Williams v. BentleySupreme Court of Pennsylvania · 1856
  5. Kauffelt v. BowerSupreme Court of Pennsylvania · 1821

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