Caldwell & Riddle v. Boyd
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 140, to July Term 1867. Hugh Boyd commenced an action of ejectment, to March Term 1866, against Joseph Caldwell and Thomas Riddle, for a house and lot in Lingo street, Philadelphia. Caldwell was tenant of the premises under Riddle, the landlord, who defended.
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Error to the District Court of Philadelphia: No. 140, to July Term 1867. Hugh Boyd commenced an action of ejectment, to March Term 1866, against Joseph Caldwell and Thomas Riddle, for a house and lot in Lingo street, Philadelphia. Caldwell was tenant of the premises under Riddle, the landlord, who defended. The premises had been conveyed by Boyd to Riddle on the 23d of March 1865. The consideration named in the deed was $900, of which $200 were paid in cash, and the remainder in 250 shares of the stock of the Hubert Oil Company, and 250 shares of the Olive Branch Oil Company, valued together…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, O. J.
No question was raised at the trial below in regard to the remedy by ejectment to rescind an executed sale and conveyance for cash and stock, made by the plaintiff below to the defendants, of the premises in question, on the ground of fraud in a part of the consideration paid therefor. The deed and possession have both passed to the vendee Riddle, one of the defendants. That being so, no point can be raised now on the subject. The form of the verdict was unobjectionable if the remedy was proper. But it appears to us that in the absence…
2Cases cited1 opinion
- Kimmell v. GreetingSupreme Court of Pennsylvania · 1853