M'Kee v. Phillips
Supreme Court of Pennsylvania
ERROR to the common pleas of Crawford county. David M’Kee against David Snyder. Ejectment, on the trial of which James Phillips, who had purchased the- land pendente lite, was admitted to defend, Snyder having left the land. The original title was admitted to have been in Griffith & Wallace. The plaintiff then gave in evidence a deed from Griffith & Wallace, to him, dated December 11th, 1818, for land covering that in dispute, and rested.
Read the full summary
ERROR to the common pleas of Crawford county. David M’Kee against David Snyder. Ejectment, on the trial of which James Phillips, who had purchased the- land pendente lite, was admitted to defend, Snyder having left the land. The original title was admitted to have been in Griffith & Wallace. The plaintiff then gave in evidence a deed from Griffith & Wallace, to him, dated December 11th, 1818, for land covering that in dispute, and rested. The defendant gave in evidence a contract, dated August 10th, 1805, from John M’Dowel and the plaintiff to Robert M’Dowel for ten acres, for 20 dollars;…
1Opinion of the Court
*86The opinion of the Court was delivered by
Rogers, J.
It seems formerly to have been thought, that a deposit, or security, or payment of the purchase-money, or at least of a considerable part of it, was such a part performance as took the case out of the statute of frauds and perjuries. But that doctrine was open to much controversy, and has been finally overthrown. 2 Story’s Con. of Laws 64, and the authorities there cited; Sug. Vend. ch. 8, sect. 3, p. 112. The distinction taken in some of the cases between the payment of a small part, and a payment of a considerable part of the…
2Cases cited4 opinions
- Haslet v. HasletSupreme Court of Pennsylvania · 1837
- Stewart v. StewartSupreme Court of Pennsylvania · 1834
- Peifer v. LandisSupreme Court of Pennsylvania · 1833
- M'Farland v. HallSupreme Court of Pennsylvania · 1834
3Cited by8 opinions
- Hargous v. . StoneNew York Court of Appeals · 1851
- Moore v. SmallSupreme Court of Pennsylvania · 1852
- Hill v. MeyersSupreme Court of Pennsylvania · 1862
- Parker v. WellsSupreme Court of Pennsylvania · 1841
- Allen's EstateSupreme Court of Pennsylvania · 1841
3 more not listed; retrieve them via the Exa API.