In re Polsgrove
Supreme Court of Pennsylvania
From the Orphan’s Court of Franklin. June 12. In 1840, the appellant entered into articles to sell certain real estate to Polsgrove for $6000, payable at the rate of $500 per annum, at which times interest on the unpaid amount was to be calculated. The vendee, also, had the right to pay any greater amounts at his pleasure. In September, 1845, Polsgrove died.
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From the Orphan’s Court of Franklin. June 12. In 1840, the appellant entered into articles to sell certain real estate to Polsgrove for $6000, payable at the rate of $500 per annum, at which times interest on the unpaid amount was to be calculated. The vendee, also, had the right to pay any greater amounts at his pleasure. In September, 1845, Polsgrove died. On the 9th of June, 1846, Potts brought ejectment for the land against the widow of the vendee and another, and sued out a writ of estrepment of waste, but so far as appeared from the record there had been no recovery. The account of…
1Opinion of the CourtGibson, C. J.
The question is, whether Pott, the appellant, shall swallow up the assets of the estate in part payment of a desperate purchase, or whether he has precluded himself from insisting on the contract by his action of ejectment in disaffirmance of it. The property consisted of three tracts of land, and a house in town; for which the vendee covenanted to pay $6000 in annual instalments, the interest to be first paid or turned into principal; the consequence of which has been, that though he paid $1750, the interest had not, at his death, been altogether kept down. The vendor had, in part, executed…
2Cases cited5 opinions
- Youst v. MartinSupreme Court of Pennsylvania · 1817
- Treaster v. FleisherSupreme Court of Pennsylvania · 1844
- Brown v. MetzSupreme Court of Pennsylvania · 1836
- Share v. AndersonSupreme Court of Pennsylvania · 1821
- Harker v. WhitakerSupreme Court of Pennsylvania · 1836
3Cited by9 opinions
- Wedgewood Diner, Inc. v. GoodSupreme Court of Pennsylvania · 1987
- Pittsburgh Union Stock Yards Co. v. Pittsburgh Joint Stock Co.Supreme Court of Pennsylvania · 1932
- Harper Et Ux. v. QuinlanSuperior Court of Pennsylvania · 1946
- Department of Environmental Resources v. Leechburg Mining Co.Commonwealth Court of Pennsylvania · 1973
- McCune v. LytleSupreme Court of Pennsylvania · 1900
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