Maguire v. Heraty
Supreme Court of Pennsylvania
Appeal, No. 96, Jan. T., 1864, by. plaintiff, from decree of C. P. No. 4, Phila. Co., Sept. T., 1892, No. 627, in equity. Bill in equity for specific performance.
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Appeal, No. 96, Jan. T., 1864, by. plaintiff, from decree of C. P. No. 4, Phila. Co., Sept. T., 1892, No. 627, in equity. Bill in equity for specific performance. The master, Francis L. Wayland, Esq., reported in part as follows: “Louise Claghorn Powel, wife of Milton Powel, was the owner of premises No. 233'North Eighteenth street, in this cit}-. On Oct. 4, 1892, one Cockroft Thomas, residing at No. 231 North Eighteenth street, having learned that said property was for sale, entered into a verbal agreement.with Milton Powel and Louise Claghorn Powel his wife, for the purchase of the . same,…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
The report of the master shows the facts important to a decision of this case very clearly. The house and lot in controversy appear to have been the separate property.of Mrs. Powel prior to the 4th day of October, 1892. On that day she and her husband made a verbal agreement for the sale of the property to their next door neighbor, Cockroft Thomas. For some reason which does not appear, her husband went on the following day to B. F. Teller & Bro. and authorized thém to make sale of the house and lot for eighteen thousand dollars. They found a purchaser, notified…
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