Legal Opinion

Seichrist's Appeal

Supreme Court of Pennsylvania

Decided October 21, 1870PublishedCited by 13 opinions

Appeal from tbe Court of Common Pleas of Erie county: In Equity: No. 218, to October and November Term 1869. ,On tbe 1st of April 1853, Elihu Marvin, of the city of Erie, for the consideration of $450, contracted by articles to sell to Thomas Zirkenbach a lot of land described in the article containing 3 acres.

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Appeal from tbe Court of Common Pleas of Erie county: In Equity: No. 218, to October and November Term 1869. ,On tbe 1st of April 1853, Elihu Marvin, of the city of Erie, for the consideration of $450, contracted by articles to sell to Thomas Zirkenbach a lot of land described in the article containing 3 acres. The payments were to be made in four equal annual sums with interest and the deed to be delivered on the 1st of April 1857. On the 5th of May 1864, by an endorsement on tbe articles, Zirkenbach assigned all his interest in them “for value received” to Leopold Seichrist, and directed…

1Opinion of the Court

The opinion of the court was delivered, January 3d 1871, by

Agnew, J.

— The facts of this case we think are clearly proved. Zirkenbach had a contract with Eiihu Marvin for the purchase of 3 acres of land, on which he had made a small payment in work, and was in actual possession under his contract, having built a house and made some minor improvements. Being unable to pay the purchase-money, he agreed with Seichrist to sell him the northern part by a line to be run in continuation of the line of an adjoining lot owned by Seichrist to the old French road, provided Seichrist would pay off the…

2Cases cited1 opinion

  1. Hoge v. HogeSupreme Court of Pennsylvania · 1832

3Cited by13 opinions

  1. Silver v. SilverSupreme Court of Pennsylvania · 1966
  2. Metzger v. MetzgerSupreme Court of Pennsylvania · 1940
  3. Hamberg v. BarskySupreme Court of Pennsylvania · 1946
  4. Madole v. MillerSupreme Court of Pennsylvania · 1923
  5. Hatcher v. HatcherSupreme Court of Pennsylvania · 1919

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