Legal Opinion

Clark v. Clark

Supreme Court of Pennsylvania

Decided October 17, 1853Published

Error to the Court of Common Pleas of Gfreene county. This was an action of covenant brought by John Clark, the" defendant in error, who was plaintiff- below, against Lawrence Clark, the plaintiff in error and defendant below.

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Error to the Court of Common Pleas of Gfreene county. This was an action of covenant brought by John Clark, the" defendant in error, who was plaintiff- below, against Lawrence Clark, the plaintiff in error and defendant below. The plaintiff claimed on articles of agreement dated June 11, 1842, wherein the plaintiff covenanted to sell and convey to defendant 100 acres of land, for the consideration of $1200, in payments — $400 of which was payable April 1, 1842, and $200 annually thereafter until paid, with interest on the whole sum from April 1, 1843. The deed to be made April 1, 1844. The…

1Opinion of the Court

The opinion of the court was delivered

by Knox, J.

— This is an action of covenant on articles of agreement for the sale of land.

The defence is, that the land was sold on a judgment entered against the vendor subsequent to the agreement.

To sustain this, the plaintiff below relied upon the fact, that, at the time of the sheriff’s sale, there was more than sufficient due upon the article of agreement to have paid the incumbrance upon which the sale was made; and that the defendant, instead of paying the judgment, suffered the land to be sold, and subsequently re-purchased it from the sheriff’s…

2Cases cited1 opinion

  1. Harper v. JeffriesSupreme Court of Pennsylvania · 1839

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