McGary v. McDermott
Supreme Court of Pennsylvania
Appeal, No. 136, Oct. T., 1903, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1901, No. 435, dismissing bill in equity in case of Elizabeth McGary and Margaret C. McGary and Mary Elizabeth McGary, Minors, by their next friend Elizabeth McCary, v. John J. McDermott. Bill in equity for specific performance.
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Appeal, No. 136, Oct. T., 1903, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1901, No. 435, dismissing bill in equity in case of Elizabeth McGary and Margaret C. McGary and Mary Elizabeth McGary, Minors, by their next friend Elizabeth McCary, v. John J. McDermott. Bill in equity for specific performance. Rodgers, J., filed the following opinion: This bill was filed by Elizabeth McGary and Margaret C. McGary and Mary E. McGary, minors, by their next friend Elizabeth McGary, against John J. McDermott for specific performance of an alleged agreement by defendant, made in…
1Opinion of the Court
Opinion by
Me. Justice Fell,
The bill filed in this ease was for the specific performance of *623a contract alleged to have been made by the defendant to execute and deliver two judgment notes in consideration of the conveyance to him of an interest in land. It was competent for the plaintiff to show that the consideration named in the deed was not the only consideration for the conveyance. The receipt in a deed is only presumptive evidence of the real consideration, and it may be overcome by parol evidence of another or greater consideration, if not directly inconsistent with the deed: Jack v.…
2Cases cited4 opinions
- Henry v. ZurfliehSupreme Court of Pennsylvania · 1902
- Jack v. DoughertySupreme Court of Pennsylvania · 1834
- Buckley's AppealSupreme Court of Pennsylvania · 1865
- Lewis v. BrewsterSupreme Court of Pennsylvania · 1868
3Cited by10 opinions
- Miller v. Belmont Packing & Rubber Co.Supreme Court of Pennsylvania · 1920
- Piper v. QueeneySupreme Court of Pennsylvania · 1924
- Real Estate Co. of Pgh. v. RudolphSupreme Court of Pennsylvania · 1930
- Tasin v. BastressSupreme Court of Pennsylvania · 1920
- Zentmyer v. ZentmyerSuperior Court of Pennsylvania · 1918
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