Miller v. Pearce
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action of assumpsit, brought by Thomas Pearce against James Miller. The plaintiff claimed $700, with interest from the 7th May 1838, for so much money had and received.
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ERROR to the District Court of Allegheny county. This was an action of assumpsit, brought by Thomas Pearce against James Miller. The plaintiff claimed $700, with interest from the 7th May 1838, for so much money had and received. Abraham Pearce, father of the plaintiff, some time previous to the 31st December 1833, owned a small tract of land containing about 40 acres, in Pine township, on which he resided, and on that day by a deed in which he was joined by his wife, duly executed and subsequently acknowledged and recorded, he conveyed the tract to the defendant for the consideration in the…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The defendant here was the plaintiff below, and made out the following case. In the autumn of 1833 Abraham Pearce and his wife owned the lot of land in question, on which were the buildings in which he lived and about 30 acres cleared, with fruit-trees, &c. The whole lot contained 43 acres. He also owned a tract at some miles distant, containing 300 acres, on which were some small improvements. The value of this last was put, by different witnesses, at from $1000 to $1500. A constable had levied on one of his horses for about $30, and removed…
2Cases cited4 opinions
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Lessee of Thomson v. WhiteSupreme Court of the United States · 1789
- Chambers v. SpencerSupreme Court of Pennsylvania · 1836
- Sheriff v. NealSupreme Court of Pennsylvania · 1837
3Cited by6 opinions
- Troll v. CarterWest Virginia Supreme Court · 1879
- Morrish v. MorrishSupreme Court of Pennsylvania · 1918
- Skeen v. MarriottUtah Supreme Court · 1900
- Campbell v. BrownMassachusetts Supreme Judicial Court · 1880
- Fay v. FayNew Jersey Court of Chancery · 1892
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