Lessee of Billington v. Welsh
Supreme Court of Pennsylvania
THIS was an ejectment for one messuage, one barn, one garden, twenty acres of arable land, ten acres of meadow? and seventy acres of woodland, in the county of Centre. The cause was tried before Yeates J. at a Circuit Court in . J Beliefontm. June 1809, when the following case was in evidence. In 1787, one Daniel Turner made a slight improvement, and obtained a private survey of between 800 and 900 acres, including the premises in question.
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THIS was an ejectment for one messuage, one barn, one garden, twenty acres of arable land, ten acres of meadow? and seventy acres of woodland, in the county of Centre. The cause was tried before Yeates J. at a Circuit Court in . J Beliefontm. June 1809, when the following case was in evidence. In 1787, one Daniel Turner made a slight improvement, and obtained a private survey of between 800 and 900 acres, including the premises in question. He married the sister of the defendant Welsh; and ««consideration of the latter having paid about 20/. for him, he' agreed to let Welsh have 50 acres of…
1Opinion of the Court
Tilghman C. J.
The plaintiff was a purchaser at the sheriff’s sale, by virtue of an execution levied on a tract of land belonging to Daniel Turner. The defendant claims under Turner by a parol agreement accompanied with possession. Although our act of assembly requires all contracts concerning land to be reduced -to writing, yet under the decisions which have been made, there can be no doubt, but that where the contract has been executed and carried into effect by payment of a valuable consideration and delivery of possession, the contract is binding between the parties. But where a third…
2Cited by23 opinions
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- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Smith v. YuleCalifornia Supreme Court · 1866
- Krider v. LaffertySupreme Court of Pennsylvania · 1836
- Meehan v. WilliamsSupreme Court of Pennsylvania · 1865
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