Smith v. Evans
Supreme Court of Pennsylvania
IN ERROR. X? H RROR to the Common Pleas of Indiana county. The case below was scire facias upon a mortgage given by fohn Hutchinson the testator to Cadwalader Evans, on the 24th of March 1798, of three certain adjoining tracts of land, forming one large tract in Indiana county, stated to contain in the whole 991¿ acres and allowance, described by courses and distances; and with a 'proviso to be void on the payment of two bonds, of the same date with the mortgage, one…
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IN ERROR. X? H RROR to the Common Pleas of Indiana county. The case below was scire facias upon a mortgage given by fohn Hutchinson the testator to Cadwalader Evans, on the 24th of March 1798, of three certain adjoining tracts of land, forming one large tract in Indiana county, stated to contain in the whole 991¿ acres and allowance, described by courses and distances; and with a 'proviso to be void on the payment of two bonds, of the same date with the mortgage, one conditioned for the payment-of 169/. 2s. 9d. on the 7th of June 1798 with one year’s interest, and the other for the payment of…
1Opinion of the Court
Tilghman C. J.
It appears by a receipt from C. Evans to John Hutchinson, deceased, for 63i. 15s. dated 22d June 1797, that the former had sold to the latter three tracts of land, surveyed but not patented, containing 9811 acres and the usual allowance at 12s. 6d. an acre; one half to be paid within two months from the date of the receipt, and as soon as Evans should make Hutchinson a legal title to the said lands in fee, Hutchinson was to give him bonds with warrant of attorney to confess judgment, and also a mortgage on the said lands for the remainder of the purchase money, with interest,…
2Cases cited3 opinions
- Mann v. PearsonNew York Supreme Court · 1806
- Snow v. ChapmanSupreme Court of Connecticut · 1793
- Swift v. HAWKINS AND OTHERSSupreme Court of the United States · 1768
3Cited by31 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
- Noble v. GooginsMassachusetts Supreme Judicial Court · 1868
- Winston v. BrowningSupreme Court of Alabama · 1878
- Pennybacker v. LaidleyWest Virginia Supreme Court · 1890
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