Legal Opinion

Stephens's Appeal

Supreme Court of Pennsylvania

Decided December 15, 1844PublishedCited by 11 opinions

APPEAL from the decree of the Common Pleas of Bucks county. On the 21st November 1835, Emanuel Whitham purchased certain real estate at auction for $ 140. The conditions of sale, which were signed by both parties on that day, stipulated that one-third of the purchase money was to be paid on the 1st April 1836, when title was to be executed and possession given, one-third on the 1st April 1837, and the remaining third at the death of the widow of one of the grantors.

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APPEAL from the decree of the Common Pleas of Bucks county. On the 21st November 1835, Emanuel Whitham purchased certain real estate at auction for $ 140. The conditions of sale, which were signed by both parties on that day, stipulated that one-third of the purchase money was to be paid on the 1st April 1836, when title was to be executed and possession given, one-third on the 1st April 1837, and the remaining third at the death of the widow of one of the grantors. On the 9th April 1836, the first instalment was paid, and a deed dated 1st April was executed under the conditions of sale by…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

This was an issue to try who was entitled to some money raised by the sale of a lot of ground as the property of E. Whitham. The question arose on the following facts. On the 21st November 1835, certain lots were sold at auction by a person having authority to sell. At this sale Whitham purchased a lot which was afterwards sold as his at sheriff’s sale, and this suit was about the proceeds brought into court. On the 21st November, written terms of sale were made; one-third of the purchase money to be paid on the 1st April 1836, when a deed…

2Cases cited2 opinions

  1. Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
  2. Morrison v. WurtzSupreme Court of Pennsylvania · 1838

3Cited by11 opinions

  1. Miller v. ZufallSupreme Court of Pennsylvania · 1886
  2. Demmy's AppealSupreme Court of Pennsylvania · 1862
  3. Colt v. DuBoisNebraska Supreme Court · 1878
  4. Slater's AppealSupreme Court of Pennsylvania · 1857
  5. Pennsylvania Co. for Ins. etc. v. CommissionerUnited States Board of Tax Appeals · 1930

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