O'Rourke v. Sherwin
Supreme Court of Pennsylvania
Appeal, No. 134, Jan. T., 1893, by defendant, James M. Sherwiu, from order of C. P. Erie Co., Sept. T., 1892, No. 140, making absolute rule for judgment in favor of plaintiff, John A. O’Rourke. Rule for judgment for want of sufficient affidavit of defence in assumpsit for purchase money of land. Defendant filed an affidavit of defence averring that plaintiff had not tendered a good and sufficient deed for the land.
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Appeal, No. 134, Jan. T., 1893, by defendant, James M. Sherwiu, from order of C. P. Erie Co., Sept. T., 1892, No. 140, making absolute rule for judgment in favor of plaintiff, John A. O’Rourke. Rule for judgment for want of sufficient affidavit of defence in assumpsit for purchase money of land. Defendant filed an affidavit of defence averring that plaintiff had not tendered a good and sufficient deed for the land. From the record, it appeared that plaintiff claimed title from his father, Patrick O’Rourke. The material portions of the will of Patrick O’Rourke are as follows: “ Item Sixth. I…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The question in this case is whether the appellee has tendered *289a good, and sufficient deed for the land, and is in consequence thereof entitled to recover the price which the appellant agreed to pay for the same. It appears by the affidavit of. defence that the title to this land was in Patrick O’Rourke, who died seized of it, and that by his will he devised it as follows, viz.:
“ I give, devise and bequeath to my daughter Kate O’Rourke and my sons, John A. O’Rourke and William G. O’Rourke, all the real estate which I own, wheresoever situated, the same being the…
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