Legal Opinion

Wilkins v. Vashbinder

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 9 opinions

ERROR to the common pleas of Jefferson codnty. This was an action of replevin by Thomas Wilkins against Henry Vashbinder and Caleb Howard, to recover one hundred and fifty dozens of wheat and three hundred and fifty dozens of rye.

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ERROR to the common pleas of Jefferson codnty. This was an action of replevin by Thomas Wilkins against Henry Vashbinder and Caleb Howard, to recover one hundred and fifty dozens of wheat and three hundred and fifty dozens of rye. On the 8th of October 1835 the plaintiff and defendant entered into an agreement for the purchase and sale of a tract of land for the consideration of 1000 dollars, by the terms of which the plaintiff was to get the deed and possession of the land on the 8th of April 1836. On that day the contract was executed by the payment of the money and delivery of bonds and…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

It appears that the plaintiff Wilkins contracted with Vashbinder to purchase his land on the 8th of October 1835, the deed to be made and possession delivered on the 8th of April *3791836. In the fall of 1835 the defendant employed Howard to sow part of the land on shares with rye and wheat. On the 8th of April 1836 the defendant made a deed and delivered possession to the plaintiff according to the contract, there being no reservation contained in the deed or made at the time of its execution, on the part of the defendant, of a right to…

2Cases cited1 opinion

  1. Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834

3Cited by9 opinions

  1. Walker v. ShermanNew York Supreme Court · 1839
  2. Backenstoss v. Stahler's AdministratorsSupreme Court of Pennsylvania · 1859
  3. Waugh's Executors v. WaughSupreme Court of Pennsylvania · 1877
  4. Steele ex rel. Milroy v. FarberSupreme Court of Missouri · 1865
  5. Burns v. CooperSupreme Court of Pennsylvania · 1858

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