Creigh v. Shatto
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. This was an action of ejectment by Solomon Shatto against John D. Creigh, to compel the payment of a balance of purchase money by the defendant, who purchased the land from the plaintiff.
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ERROR to the Common Pleas of Perry county. This was an action of ejectment by Solomon Shatto against John D. Creigh, to compel the payment of a balance of purchase money by the defendant, who purchased the land from the plaintiff. The plaintiff gave in evidence the articles of agreement between the parties and settlement, by which the defendant agreed to pay a judgment which was against the plaintiff, and a lien on the land amounting to $185, but which he did not pay, and it was collected from the plaintiff by execution. The plaintiff brought into court a deed of conveyance for the land,…
1Opinion of the Court
*83The opinion of the Court was delivered by
Rogers, J.
This is a proceeding in the nature of a bill in chancery to compel the payment of purchase money. The plaintiff proceeds by ejectment on his legal title, the defendant defends on his equitable title, as by bill for an injunction. In all cases of a similar kind, in analogy to the rule in chancery, we deem it sufficient to entitle the vendor to a decree that the title be good at the trial, without regard to its condition when suit is commenced. In this way justice is done to both parties, without the delay and vexation arising from turning the…
2Cases cited1 opinion
- Auwerter v. MathiotSupreme Court of Pennsylvania · 1823
3Cited by5 opinions
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- Webster v. WebsterSupreme Court of Pennsylvania · 1866
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- Wheeling, Pittsburgh & Baltimore R. R. v. GourleySupreme Court of Pennsylvania · 1881
- Connolly v. MillerSupreme Court of Pennsylvania · 1881