Legal Opinion

Miller v. Henlan

Supreme Court of Pennsylvania

Decided January 18, 1866PublishedCited by 1 opinion

Error to the Court of Common Pleas of Qrawford county, in which this was an action of ejectment to February Term 1861, by John Henlan against Thomas Miller and William Craig, for a messuage and piece of land in Meadville. Craig, one of the defendants, having died, R. C. Frey and Lizzie H.' Frey, Sarah A. Craig, William Craig, Mary Craig and Ella Craig, Kis representatives, were substituted.

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Error to the Court of Common Pleas of Qrawford county, in which this was an action of ejectment to February Term 1861, by John Henlan against Thomas Miller and William Craig, for a messuage and piece of land in Meadville. Craig, one of the defendants, having died, R. C. Frey and Lizzie H.' Frey, Sarah A. Craig, William Craig, Mary Craig and Ella Craig, Kis representatives, were substituted. Some time prior to 1850, Mary A. Henlan, wife of John Henlan, purchased the lot in controversy of one Cullum, by articles of agreement. She and her husband took possession, but failing to pay the…

1Opinion of the Court

The opinion of the court was delivered, by

Read, J.

This action of ejectment is a substitute for a bill in equity for specific performance of a contract by Thomas Miller to sell to John Henlan a house and lot in the borough of Mead-ville. The agreement is dated the 16th April 1850, and the price was $365, to be paid in two years with interest annually. Not a dollar of this amount ever was paid by Henlan, except $16 received from a tenant, which did not pay the first year’s interest, and it is sought to recover it from the heirs of a bond fide purchaser for value, who placed upon it valuable…

2Cited by1 opinion

  1. Pott v. LesherSupreme Court of Pennsylvania · 1795

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