Bashore v. Whisler
Supreme Court of Pennsylvania
ERROR to Cumberland county. This was an action of debt on a bond by John Snevely, administrator of Christian Whisler, against John Bashore, in which the following facts were found. Previously to 1823, John Whisler was the owner of a tract of land in East Pennsborough township, containing sixty-nine acres and twenty-five perches.
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ERROR to Cumberland county. This was an action of debt on a bond by John Snevely, administrator of Christian Whisler, against John Bashore, in which the following facts were found. Previously to 1823, John Whisler was the owner of a tract of land in East Pennsborough township, containing sixty-nine acres and twenty-five perches. A parol agreement was made between John Whisler and his son Christian Whisler respecting the land, by which the father was to convey to the son the whole tract of land, and the son was to reconvey to the father two acres of the land, with an oil mill, &c. thereon…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It cannot now be questioned that a defendant may allege defect of title, in the whole or in part, as a defence in a suit brought by a vendor against a vendee to recover unpaid purchase *493money. This principle, which was first ruled in Steinhour v. Wilmer, 1 Serg. & Rawle 438, has been since affirmed in Hart v. Porter, 5 Serg. & Rawle 200, and in other cases to which it is unnecessary particularly to refer. Although this principle, as applied to private contracts, is undoubted, yet it has never been understood, either by the profession or the…
2Cases cited3 opinions
- Steinhauer v. WitmanSupreme Court of Pennsylvania · 1815
- Friedly v. ScheetzSupreme Court of Pennsylvania · 1823
- Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1819
3Cited by9 opinions
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- Smith v. WildmanSupreme Court of Pennsylvania · 1896
- Fox v. MenschSupreme Court of Pennsylvania · 1842
- King v. GunnisonSupreme Court of Pennsylvania · 1846
- Bingham v. MaxcyIllinois Supreme Court · 1853
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