Neil v. Tate
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. Adolph Eberhart conveyed to Sarah Tate, wife of Lee Tate, a tract of land, reserving air annual rent of fifty dollars during his life. On 1st April, 1854, Tate and wife conveyed to William Neil for $2500, giving- him a judgment for $850 to indemnify him against the rent reserved by Eberhart out of the land. One-third of the purchase-money was paid by Neil in cash, for the remainder he gave judgments payable in one and two years.
Read the full summary
Error to the Common Pleas of Fayette county. Adolph Eberhart conveyed to Sarah Tate, wife of Lee Tate, a tract of land, reserving air annual rent of fifty dollars during his life. On 1st April, 1854, Tate and wife conveyed to William Neil for $2500, giving- him a judgment for $850 to indemnify him against the rent reserved by Eberhart out of the land. One-third of the purchase-money was paid by Neil in cash, for the remainder he gave judgments payable in one and two years. Soon after the 1st April, 1854, Eberhart distrained, and sold Neil’s property for the rent then due; a like course was…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
Where there is nothing on the record to show that an execution is irregular, the refusal of the Court of Common Pleas to set it aside is not the subject of review on'writ of error. This has been repeatedly decided.
Judgment affirmed.
2Cited by1 opinion
- Stephens v. AddisSuperior Court of Pennsylvania · 1902