Postlethwait v. Frease
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an ejectment by David Postlethwait against Henry Frease and others, for a tract of 100 acres of land in Potter township. The plaintiff had the legal title to the land in controversy; the defendants claimed under Jacob Young, to whom, it was alleged, the, plaintiff had contracted, by parol, to sell the premises.
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Error to the Common Pleas of Jefferson county. This was an ejectment by David Postlethwait against Henry Frease and others, for a tract of 100 acres of land in Potter township. The plaintiff had the legal title to the land in controversy; the defendants claimed under Jacob Young, to whom, it was alleged, the, plaintiff had contracted, by parol, to sell the premises. The nature of the evidence on which the defendants relied as proof of an executed parol contract, is sufficiently set forth in the opinion of the court. The court below held the same to be sufficient to take the case out of the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The contract, under which the defendants claimed, successfully, the plaintiff’s title to the land in question, was not proved by any witness who heard the parties make it, or speak of it in the presence of each other, but was made out by proof of the confessions, or ex parte declarations, of the plaintiff. These confessions imported, that he had sold Jacob Young 100 acres of his land, for $800 in eight annual payments, and that he was to receive cattle in payment, and that the first payment had been made. As is usual in such cases, the…
2Cases cited1 opinion
- Lessee of Syler v. EckhartSupreme Court of Pennsylvania · 1808
3Cited by8 opinions
- Rader v. KeiperSupreme Court of Pennsylvania · 1926
- Yarnall EstateSupreme Court of Pennsylvania · 1954
- Klingensmith v. KlingensmithSupreme Court of Pennsylvania · 1953
- Glass v. TremellenSupreme Court of Pennsylvania · 1928
- Kurland v. StolkerSupreme Court of Pennsylvania · 1987
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