Shields v. Pittsburg
Supreme Court of Pennsylvania
Appeal, No. 75, Oct. T., 1901, by Thomas Hogan, from order of C. P. No. 2, Allegheny Co., Jan. T., 1899, No. 973, discharging rule to pay certain moneys to Thomas Hogan in the case of Daniel Shields y. City of Pitts-burg. Rule to show cause why certain moneys should not be paid to Thomas Hogan. . The facts are stated in the opinion of the Supreme Court. Error assigned was order discharging the rule.
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
On January 15, 1898, Thomas Hogan by his deed of general warranty undertook to convey to Daniel Shields, the appellee, two lots situated on Rachel street, in the city of Pittsburg. The consideration was $5,000, one half of which was paid at the time the deed was delivered and the other half secured by a purchase money mortgage. Under the Act of June 26, 1895, P. L. 349, conferring upon cities the right “to purchase, acquire, enter upon, take, use and appropriate private property for the purpose of making, enlarging, extending and maintaining public parks within the…
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