Kerr v. Day
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an ejectment by Day v. Kerr, for a lot of ground in Allegheny county. Kerr was the tenant under Warden. Trunick was substituted as co-defendant; he was assignee of Warden, who was assignee of Cuddy. Warden and Alexander had been together seized of a piece of ground constituting the village of Temperance-ville, of which the lot in dispute was a part. They made partition.
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Error to the District Court of Allegheny county. This was an ejectment by Day v. Kerr, for a lot of ground in Allegheny county. Kerr was the tenant under Warden. Trunick was substituted as co-defendant; he was assignee of Warden, who was assignee of Cuddy. Warden and Alexander had been together seized of a piece of ground constituting the village of Temperance-ville, of which the lot in dispute was a part. They made partition. The lot in question was conveyed and released by Warden to Alexander, deed dated July 1, 1847, and Alexander conveyed it to Day, the plaintiff, by deed dated August 9,…
1Opinion of the Court
*114The opinion of the court was delivered by
Bell, J.
— The ground upon which a chancellor executes an executory contract for the sale of lands, is, that equity looks upon things agreed to be done, as actually performed; consequently, when an agreement is made for the sale of an estate, the vendor is considered as a trustee for the purchaser, of the estate sold, and the purchaser as a trustee of the purchase money for the vendor: Green v. Smith, 1 Atk. 572; Craig v. Leslie, 3 Wheat. 578. The vendee is, in contemplation of equity, actually seized of the estate, and is, therefore, subject to any…
2Cases cited4 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Boggs v. VarnerSupreme Court of Pennsylvania · 1843
- Lewis v. BradfordSupreme Court of Pennsylvania · 1840
3Cited by58 opinions
- Atlantic Refining Co. v. Wyoming National BankSupreme Court of Pennsylvania · 1946
- Payne v. ClarkSupreme Court of Pennsylvania · 1963
- Peoples Street Ry. Co. v. SpencerSupreme Court of Pennsylvania · 1893
- Driebe v. Fort Penn Realty Co.Supreme Court of Pennsylvania · 1938
- Horgan v. RussellNorth Dakota Supreme Court · 1913
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