Beaupland v. McKeen
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Northampton county. This was an action brought by Yan Ohalkwyck Beaupland against James McKeen, Thomas McKeen, and Andrew IT.
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Error to tbe Common Pleas of Northampton county. This was an action brought by Yan Ohalkwyck Beaupland against James McKeen, Thomas McKeen, and Andrew IT. Reeder, on a promissory note for *$8625, dated the 29th day of November, 1851, and payable one year after date. . ’ On the 1st December, 1851, Beaupland sold and conveyed to James McKeen and Peter Pursell eight contiguous tracts of pine timber lands situate in Luzerne county, containing, according to the official surveys, 2692 acres and 40 perches, for the sum of $27,250, of which sum $10,000 was paid in hand, and two notes of equal amount…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
We have gone further in Pennsylvania in relieving purchasers of real estate from payment of purchase-money, on the ground of defects and encumbrances, than courts of justice have gone in any other state or country where the common law obtains. We administér not only all equitable relief whilst the contract remains executory, but, after it has been executed by a deed made and delivered, we give the purchaser, besides the full benefit of any covenants his deed may contain, the right to defend himself from payment of the purchase-money however…
2Cases cited3 opinions
- Morris v. PhelpsNew York Supreme Court · 1809
- Sorber v. WillingSupreme Court of Pennsylvania · 1840
- Lee v. DeanSupreme Court of Pennsylvania · 1838
3Cited by10 opinions
- Clark v. SteeleSupreme Court of Pennsylvania · 1917
- Merchants' Nat. Bank of Clinton v. OteroNew Mexico Supreme Court · 1918
- Andrien v. HeffernanSupreme Court of Pennsylvania · 1930
- Rust Land & Lumber Co. v. WheelerCourt of Appeals for the Eighth Circuit · 1911
- Tyson v. EyrickSupreme Court of Pennsylvania · 1891
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