Fox v. Heffner
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Schuylkill county. Samuel Heffner against Elizabeth Fox and Samuel Morris. Ejectment for a house and lot in Pottsville. George Rahn testified. I sold a house as the property of Samuel Heffner, while I was sheriff.
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ERROR to the Common Pleas of Schuylkill county. Samuel Heffner against Elizabeth Fox and Samuel Morris. Ejectment for a house and lot in Pottsville. George Rahn testified. I sold a house as the property of Samuel Heffner, while I was sheriff. These are my conditions of sale, and made on the 21st of March 1834—sold to Burd Patterson for Mary Patterson for $200. Before the deed was made, I received a letter from B. Patterson requesting the deed to be made to Samuel Morris, dated 2d of April 1834. The deed was made in pursuance of the letter. Morris paid the money, $202, for the whole purchase…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The plaintiff below claims the land under a parol agreement, between him and Morris, one of the defendants, made at the time when the sheriff’s deed conveyed the land to Morris. This was an agreement, for a violation of which the plaintiff had his remedy against Morris by his action for damages; but that it should vest in him the fee simple of the land, is directly in contravention of the Act of Assembly of the 21st of March 1772, to prevent frauds and perjuries, by which all interests in land resting in parol merely, and not put in…
2Cases cited3 opinions
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- Haines v. O'ConnerSupreme Court of Pennsylvania · 1840
- Hoy v. SterrettSupreme Court of Pennsylvania · 1834
3Cited by13 opinions
- James v. FulcrodTexas Supreme Court · 1851
- Floyd v. DuffyWest Virginia Supreme Court · 1910
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Kellum v. SmithSupreme Court of Pennsylvania · 1859
- Williard v. WilliardSupreme Court of Pennsylvania · 1868
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