Longwell v. Bentley
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. This was an action of partition by John D. Longwell v. Bethuel Bentley, for partition of a tract of land containing about 54 acres and 106 perches. The summons was issued 8th April, 1850. The plea was non tenet insimul.
Read the full summary
Error to the Common Pleas of Tioga county. This was an action of partition by John D. Longwell v. Bethuel Bentley, for partition of a tract of land containing about 54 acres and 106 perches. The summons was issued 8th April, 1850. The plea was non tenet insimul. The case was tried in September, 1853. On the trial, evidence was given on part of the plaintiff, to show that Alvin, Bacon lived on the land in 1804, and died in possession of it in 1813. Also a deed to him by Charles Pleasants and others in March, 1809. Alvin Bacon left three children, all in their.minority, viz., Hiram, the eldest,…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
Whatever is agreed to be done is considered in equity as done. It follows, from this principle, that a contract for the sale of real estate is considered, in equity, aS a conversion of the land into money. The vendor’s interest ceases to be real estate. It becomes a chose in action, a personal demand for the consideration-money, which, in case of death, goes to his persona] *103representatives, and the legal title is held only as a security for the payment of the debt. The vendee becomes, in substance, the owner of the estate. In his hands it is…
2Cases cited1 opinion
- Jackson ex dem. People v. PierceNew York Supreme Court · 1813
3Cited by15 opinions
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Bauer v. HillSupreme Court of Pennsylvania · 1920
- Blumner v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1949
- Bender v. LuckenbachSupreme Court of Pennsylvania · 1894
- Staib v. HayesSupreme Court of Pennsylvania · 1889
10 more not listed; retrieve them via the Exa API.