Lower's Appeal
Supreme Court of Pennsylvania
October and November Term, 1872. Appeal from the Common Pleas of Indiana County. In Equity. Samuel Lower filed a bill in equity against John Wightman and John Nevins to set aside a conveyance of a farm on the ground of fraudulent representations by Wightman when the contract was made. An answer denying the bill, and a replication traversing the answer were filed.
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October and November Term, 1872. Appeal from the Common Pleas of Indiana County. In Equity. Samuel Lower filed a bill in equity against John Wightman and John Nevins to set aside a conveyance of a farm on the ground of fraudulent representations by Wightman when the contract was made. An answer denying the bill, and a replication traversing the answer were filed. The facts are set forth in the following extract from the report of A. C. Boyle, Esq., the Master: In February, 1851, Samuel Lower, by virtue of a contract of purchase, became the owner of a certain tract of land situate and lying in…
1Opinion of the Court
The Court below sustained the report of the Master in the following opinion delivered July 26, 1872, by
Logan, P. J.:
We had little difficulty in agreeing with the Master that the evidence developed such elements of fraud in the original contract between Lower and Wightman as demanded a decree either avoid*411ing the obligation of that contract or compelling compensation in damage. A much closer question however to our mind is as tO’ whether Nevins was an innocent purchaser of valley farm from. Wightman without notice.
Before going into this, however, we may say that the application by Wightman’s…
Also in this document: Per curiam.
2Cases cited14 opinions
- Smith v. FlyTexas Supreme Court · 1859
- Watts v. Waddle Ex Rel. LeonardSupreme Court of the United States · 1832
- Grimstone v. CarterNew York Court of Chancery · 1831
- PRATT & OTHERS v. Law & CampbellSupreme Court of the United States · 1815
- Russell v. Smith ex rel. PrinceTennessee Supreme Court · 1848
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