Gore v. Kinney
Supreme Court of Pennsylvania
WRIT of error to the common pleas of Bradford county. This was an action of ejectment for a tract of land by Samuel K. Gore against George and George W. Kinney. The facts of the case seemed to be, that the land in controversy had been sold in-1834, at sheriff’s sale, as the property of the present plaintiff, and purchased by William H. Overton for 625 dollars, who conveyed to the present defendants.
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WRIT of error to the common pleas of Bradford county. This was an action of ejectment for a tract of land by Samuel K. Gore against George and George W. Kinney. The facts of the case seemed to be, that the land in controversy had been sold in-1834, at sheriff’s sale, as the property of the present plaintiff, and purchased by William H. Overton for 625 dollars, who conveyed to the present defendants. The proof was, that at the time of sale, an arrangement was made between the defendant in the execution, the present plaintiff, and the purchaser, that, if the property was sold to William H.…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
This case depended chiefly on questions of fact, which seem to have been submitted by the court to the jury, and in relation to which we are not called on to express an opinion. The only point of law concerning which a doubt has been entertained, is as to that pai;t of the charge in which the court instruct the jury that the plaintiff would not be entitled to recover, unless, in addition to the tender made before suit brought, he now brings the money into court ready to be paid over to the defendant if the verdict of the jury should be for…
2Cases cited3 opinions
- Youst v. MartinSupreme Court of Pennsylvania · 1817
- Peebles v. ReadingSupreme Court of Pennsylvania · 1822
- Lessee of Moody v. VandykeSupreme Court of Pennsylvania · 1811
3Cited by7 opinions
- Orne v. Kittanning Coal Co.Supreme Court of Pennsylvania · 1886
- Dwyer v. WrightSupreme Court of Pennsylvania · 1894
- McGrew v. FosterSupreme Court of Pennsylvania · 1886
- Magaw v. LothropSupreme Court of Pennsylvania · 1842
- D'Arras v. KeyserSupreme Court of Pennsylvania · 1856
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