Legal Opinion

Paull v. Oliphant

Supreme Court of Pennsylvania

Decided October 15, 1850PublishedCited by 1 opinion

Error to tbe Common Pleas of Fayette county. This was an action of ejectment, brought to December term, 1847, by E. B. Oliphant vs. James Pauli and others, to recover the possession of a lot of ground, in New Haven, Fayette county, containing about one acre, on which is erected a woollen factory, &c. It consisted of four contiguous town lots.

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Error to tbe Common Pleas of Fayette county. This was an action of ejectment, brought to December term, 1847, by E. B. Oliphant vs. James Pauli and others, to recover the possession of a lot of ground, in New Haven, Fayette county, containing about one acre, on which is erected a woollen factory, &c. It consisted of four contiguous town lots. To two of the lots one Foster had the legal title; in the other two, Nos. 11 and 12, he had only an equitable title, under an article of agreement with Rogers, executor of the will of Isaac Meason, deceased, to whom about $600 or $700 of purchase-money…

1Opinion of the Court

The opinion of the court was delivered by

Bell, J.

— Upon the argument of this cause, many facts were verbally introduced by the counsel on both sides, rather with the effect of confusing than elucidating the points at issue. I do not, therefore, propose to notice them, except so far as -they may be suggested by the record brought up, and are connected with the questions presented for discussion.

This action was brought by Oliphant, the plaintiff below, as purchaser of the land in dispute, at a sheriff’s sale, made by virtue of an execution issued sur one of the judgments confessed by Blocher,…

2Cases cited1 opinion

  1. Hoffer v. WightmanSupreme Court of Pennsylvania · 1836

3Cited by1 opinion

  1. Alexander v. Fidelity Trust Co.Court of Appeals for the Third Circuit · 1917

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