Legal Opinion

Cash v. Tozer

Supreme Court of Pennsylvania

Decided July 15, 1841PublishedCited by 16 opinions

ERROR to the Special Court of Common Pleas of Bradford county. This was an action of assumpsit by Guy Tozer, sheriff of Bradford county, to recover from David Cash and John L. Webb the sum of $4900, bid by them for a tract of land and steam-mill thereon erected.

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ERROR to the Special Court of Common Pleas of Bradford county. This was an action of assumpsit by Guy Tozer, sheriff of Bradford county, to recover from David Cash and John L. Webb the sum of $4900, bid by them for a tract of land and steam-mill thereon erected. The plaintiff set out in his declaration: “ For that whereas, heretofore, to wit, on the 11th day of May, in the year one thousand eight hundred and thirty-seven, at Towanda, &c., the said Guy Tozer, as sheriff of said county, had in his hands a writ of fieri facias, issued, &c., commanding him, that of the goods and chattels, lands…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

Whether the defendants below were released from their purchase by unnecessary delay in the completion of it, w'hich kept them, as it is supposed, out of the possession and care of the property till a great part of it was destroyed, does not sufficiently appear from the special plea, which was the subject of the demurrer, and which stated the fact of destruction, but no more. Enough to show the sale incurably defective in another respect appeared in trying the issue of fact; and it would be useless to inquire into anything beside.

The…

2Cases cited8 opinions

  1. Stroble v. SmithSupreme Court of Pennsylvania · 1839
  2. Burd v. Lessee of DansdaleSupreme Court of Pennsylvania · 1809
  3. Lessee of Wilson v. M'VeaghSupreme Court of Pennsylvania · 1796
  4. Lessee of Murphy v. M'ClearySupreme Court of Pennsylvania · 1802
  5. Lessee of Dawson v. MorrisSupreme Court of Pennsylvania · 1807

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3Cited by16 opinions

  1. Faull v. CookeOregon Supreme Court · 1890
  2. Braddee v. BrownfieldSupreme Court of Pennsylvania · 1841
  3. Shields v. MiltenbergerSupreme Court of Pennsylvania · 1850
  4. St. Bartholomew's Church v. WoodSupreme Court of Pennsylvania · 1869
  5. Lessee of Murphy v. M'ClearySupreme Court of Pennsylvania · 1802

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