Bear v. Whisler
Supreme Court of Pennsylvania
WRIT OF ERROR to the common pleas of Cumberland county. This was an action of ejectment by Christian Whisler and Catherine his wife, and others who are the heirs at law of Philip Hartman deceased, against Samuel Bear, to recover a tract of land.
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WRIT OF ERROR to the common pleas of Cumberland county. This was an action of ejectment by Christian Whisler and Catherine his wife, and others who are the heirs at law of Philip Hartman deceased, against Samuel Bear, to recover a tract of land. The parties, plaintiffs and defendant, claim under the same original title, which was vested in Margaret Dickey and Robert Anderson, who, in the year 1806, sold and conveyed the same in fee to Philip Hartman, who, with Martin Harman as his surety, gave to the said Margaret Dickey and Robert Anderson six bonds for the payment of 80 dollars each on the…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It is a well settled doctrine of a court of equity, that the vendor of land has a lien for the amount of purchase money, not only against the vend®*- himself and his heirs, and others privies in estate, but also against all subsequent purchasers having notice that the purchase money remains unpaid. This doctrine, it is said, was taken from the civil law; and the principle upon which the courts of equity have proceeded in establishing this lien in the nature of a trust is, that a person having gotten the estate of another ought not in…
2Cases cited4 opinions
- Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
- Lessee of Stouffer v. ColemanSupreme Court of Pennsylvania · 1794
- Irvine v. CampbellSupreme Court of Pennsylvania · 1813
- Hamilton v. ElliottSupreme Court of Pennsylvania · 1819
3Cited by24 opinions
- Barnes v. ReaSupreme Court of Pennsylvania · 1908
- Stolarick v. StolarickSuperior Court of Pennsylvania · 1976
- Higbee Corporation v. KennedySuperior Court of Pennsylvania · 1981
- Rooks Creek Evangelical Lutheran Church v. First Lutheran ChurchIllinois Supreme Court · 1919
- Craven v. BleakneySupreme Court of Pennsylvania · 1839
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