Episcopal Academy v. Frieze
Supreme Court of Pennsylvania
APPEAL from the common pleas of Tioga county. In 1824 the trustees of the Academy of the Protestant Episcopal Church of the city of Philadelphia entered into an agreement with Henry Erdly to sell and convey him a tract of land, upon which the purchaser paid 8 dollars. Erdly sold to James Frieze in 1826, and took and entered a judgment for the purchase money, 129 dollars 36 cents.
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APPEAL from the common pleas of Tioga county. In 1824 the trustees of the Academy of the Protestant Episcopal Church of the city of Philadelphia entered into an agreement with Henry Erdly to sell and convey him a tract of land, upon which the purchaser paid 8 dollars. Erdly sold to James Frieze in 1826, and took and entered a judgment for the purchase money, 129 dollars 36 cents. On the 24th of June 1827 the trustees of the Academy executed a deed for the land to James Frieze, subject to the payment of the balance of the purchase money. On the same day James Frieze executed a bond and…
1Per curiam
Before the legal title was added to the equity, by the conveyance of the trustees, the purchaser had an interest but to the value of his payments; and no more was bound bythejudg*17ments against him. By the conveyance, however, the security of these judgments was enlarged to the extent of the whole estate, except as against the trustees, whose conveyance was subject to the purchase money, as an incumbrance on the title, which had been conveyed but on condition; and though a formal mortgage was taken in addition, that seems to have been done with a view to provide the means of a compulsory sale;…
2Cited by7 opinions
- Hiester v. GreenSupreme Court of Pennsylvania · 1864
- Wilkerson v. BurrSupreme Court of Georgia · 1851
- Waters's AppealSupreme Court of Pennsylvania · 1860
- Foster's AppealSupreme Court of Pennsylvania · 1846
- Holmes' AppealSupreme Court of Pennsylvania · 1885
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