Swain v. Fidelity Insurance, Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
Appeal from the decree of the Supreme Court at Nisi Prius. This was a bill by William M. Swain and Arunah S. Abell, against The Fidelity Insurance, Trust and Safe Deposit Company, brought in November 1866. The bill was for the specific performance of a contract, dated the 4th of October 1866, by which the plaintiffs agreed forthwith to convey to the defendants “ in fee simple a good and sufficient title, clear of all incumbrances,” to a lot and building, 311 Chestnut street,…
Read the full summary
Appeal from the decree of the Supreme Court at Nisi Prius. This was a bill by William M. Swain and Arunah S. Abell, against The Fidelity Insurance, Trust and Safe Deposit Company, brought in November 1866. The bill was for the specific performance of a contract, dated the 4th of October 1866, by which the plaintiffs agreed forthwith to convey to the defendants “ in fee simple a good and sufficient title, clear of all incumbrances,” to a lot and building, 311 Chestnut street, Philadelphia, for the consideration of $85,000. The answer admitted the contract, but alleged that the complainants…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
It is a well-settled rule in equity not to enforce specific performance of a contract in favor of a vendor of real estate unless he is able to offer a marketable title which is beyond reasonable uncertainty.
*459The title of the plaintiffs in this case is founded in a proceeding in partition which is clearly irregular, though not perhaps void. But the irregularity in the proceeding was one affecting-the title of minors, to whom a period of five years is allowed after their arrival at full age, before they are bound by limitation from taking a writ…
2Cited by16 opinions
- Hollinger v. HollingerSupreme Court of Pennsylvania · 1965
- Mitchell v. SpauldingSupreme Court of Pennsylvania · 1903
- Kennedy v. BakerSupreme Court of Pennsylvania · 1893
- Ohlweiler v. OhlweilerSuperior Court of Pennsylvania · 1919
- State v. StarkSupreme Court of Iowa · 1911
11 more not listed; retrieve them via the Exa API.