Appeal of Wilson
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Montgomery county : Of January Term 1884, No. 389. This was an appeal by William Wilson from a decree of the said court refusing to open a certain judgment, wherein Elias Kirk was plaintiff and the said Wilson defendant, and let the latter into a defence.
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Appeal from the Court of Common Pleas of Montgomery county : Of January Term 1884, No. 389. This was an appeal by William Wilson from a decree of the said court refusing to open a certain judgment, wherein Elias Kirk was plaintiff and the said Wilson defendant, and let the latter into a defence. The facts of the case, as set forth in the depositions taken sur rule to show cause why the said judgment should not be opened, &c., were as follows: On March 1st, 1883, Elias Kirk, by articles of agreement sold to William Wilson seven acres of land in Montgomery county, which in part were used as a…
1Opinion of the CourtJustice Clark
It is clear that William Wilson, under his agreement to purchase the property of Elias Kirk, was entitled to the possession before or at the time of the payment of the instalment of $4,000, on the 1st April, 1883; and, unless that right was in some way waived by Wilson, lie could stand upon it as a condition of bis contract. It is equally clear that the existence *608of a valid and unconditional lease to Van Winkle for one year from the 1st April, 1883. the day upon which possession was to have been given by Kirk to Wilson, was an incumbrance or a defect, reducing the value of the land to the…
2Cases cited1 opinion
- Roland v. MillerSupreme Court of Pennsylvania · 1842
3Cited by11 opinions
- Suraci v. BallSuperior Court of Pennsylvania · 1946
- Durham v. WickSupreme Court of Pennsylvania · 1904
- Hannan v. CarrollSupreme Court of Pennsylvania · 1923
- Goettel v. SageSupreme Court of Pennsylvania · 1887
- Riegel v. American Life Ins.Supreme Court of Pennsylvania · 1891
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