Thompson v. Carpenter
Supreme Court of Pennsylvania
In error-from the'Common Pleas of Westmoreland county., Oci.. 23’., This was an action of ejectment by the holder of the legal title,-to enforce pérformanc-e of articles, for the purchase of the land by -defendaiitj by means of a conditional verdict. The. defence rested on .two points : that under the articles they were, entitled to a Conveyance, and of consequence this action could not be maintained;-and that'at the trial there were'encumbrances on 'the property.
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In error-from the'Common Pleas of Westmoreland county., Oci.. 23’., This was an action of ejectment by the holder of the legal title,-to enforce pérformanc-e of articles, for the purchase of the land by -defendaiitj by means of a conditional verdict. The. defence rested on .two points : that under the articles they were, entitled to a Conveyance, and of consequence this action could not be maintained;-and that'at the trial there were'encumbrances on 'the property. The articles were dated Aug. 30, 1836, by which it was agreed that the purchase money should be paid as follows: $200' on the 1st…
1Opinion of the Court
Per-Curiam.
As the defendant below did not pay his' third instalment at the day in order to entitle him to a conveyance, he had not gained a right to control the use of the title in the hands of the plaintiff, on the principle of Brown v. Metz, 5 Watts, 164; and as he ever afterwards was behind in his payments, it might well be used against him as an instrument of compulsion. Subsequent to the day, however, the title became indubitably encumbered; and the defendant objected at the trial against being compelled to take it in that plight. But though equity will' not compel a vendee to take a…
2Cases cited1 opinion
- Brown v. MetzSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Manzer v. WycoffSuperior Court of Pennsylvania · 1922