Brown v. Dysinger
Supreme Court of Pennsylvania
Appeal from the decision of the Chief Justice, at a Circuit Court' held for Mifflin county in Jlpril, 1829. , ■ Ejectment for a tract of land, claimed by Samuel Brown, a minor, suing by his guardian, William Brown, as heir at law to his father, Samuel Brown, against Jacob By singer and Bavid Walker.
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Appeal from the decision of the Chief Justice, at a Circuit Court' held for Mifflin county in Jlpril, 1829. , ■ Ejectment for a tract of land, claimed by Samuel Brown, a minor, suing by his guardian, William Brown, as heir at law to his father, Samuel Brown, against Jacob By singer and Bavid Walker. On the trial it appeared, that the premises in question having been taken in execution on a Levari Facias against Baniel Shortel, -were exposed to sale by the sheriff, when Bavid Walker, one.of the present defendants, publicly declaring, that he was bidding for Samuel Brown, (the father of the…
1Dissent
Ton, J.,
dissented, and delivered the following opinion’:—I do not take it to be at all material in the present case, that the fourth section of the British statute of frauds and perjuries is omitted in our act of assembly; for it is not damages, that are now demanded for non-performance of an alleged parol contract; but the plaintiff sues by ejectment, claiming possession of the land itself, and alleging an actual transfer of the title. •
Beyond a doubt the words of the act of assembly are clear and positive against the plaintiff: but for a long course of years, perhaps from the date of the…
2Cases cited8 opinions
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Barbell v. JoyMassachusetts Supreme Judicial Court · 1819
- Hughes v. MooreSupreme Court of the United States · 1812
- Boyd v. StoneMassachusetts Supreme Judicial Court · 1814
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