Brawdy v. Brawdy
Supreme Court of Pennsylvania
In error from the District Court of Allegheny. Nov. 9. Ejectment. The question was, whether the plaintiff had given sufficient evidence of the transfer of possession to go to the jury, on the question of an alleged parol sale. It appeared that John Brawdy owned the land in dispute, which was ocpupied by his tenant, McGibbeny. He proved that, in 1840, John Brawdy and the plaintiff, Moses Brawdy, were together at the house of the latter.
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In error from the District Court of Allegheny. Nov. 9. Ejectment. The question was, whether the plaintiff had given sufficient evidence of the transfer of possession to go to the jury, on the question of an alleged parol sale. It appeared that John Brawdy owned the land in dispute, which was ocpupied by his tenant, McGibbeny. He proved that, in 1840, John Brawdy and the plaintiff, Moses Brawdy, were together at the house of the latter. Shortly afterwards John Brawdy told the witness he had sold that part of the lot witness lived on, which lay east of the Brownsville road, to Moses, for $900.…
1Opinion of the CourtGibson, C. J.
An ejectment to enforce specific performance of a purchase, being with us a substitute for a bill in equity, is to be affected with all those considerations that would affect a bill for that purpose in the contemplation of a chancellor. With him the enforcement of the contract is not of right, but of grace; and he withholds the exercise of his extraordinary power wherever there is a doubt about the facts on the basis of which it *159is invoked. He invariably refuses to decree on the uncorroborated testimony of a single witness, in opposition to even the defendant’s interested answer on oath,…
2Cases cited3 opinions
- Pugh v. GoodSupreme Court of Pennsylvania · 1841
- Galbreath v. GalbreathSupreme Court of Pennsylvania · 1836
- Givens v. M'CalmontSupreme Court of Pennsylvania · 1835
3Cited by9 opinions
- Sutch's EstateSupreme Court of Pennsylvania · 1902
- Reno v. MossSupreme Court of Pennsylvania · 1888
- Keller v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1899
- Marshall v. MacGregor Et Ux.Supreme Court of Pennsylvania · 1934
- Tressler's EstateSuperior Court of Pennsylvania · 1917
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