Bartholemew v. Leech
Supreme Court of Pennsylvania
ERROR to the common pleas of Mercer county. Edward Bartholemew against Joseph Leech. Ejectment for the one-seventh part of five hundred acres of land. The plaintiff gave in evidence a regular legal title to the land in dispute.
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ERROR to the common pleas of Mercer county. Edward Bartholemew against Joseph Leech. Ejectment for the one-seventh part of five hundred acres of land. The plaintiff gave in evidence a regular legal title to the land in dispute. The defendant gave in evidence an assessment of taxes upon the whole tract for the year 1831 of 10 dollars 25 cents, and a sale of it by the treasurer to John Lepch for 473 dollars, a deed from the treasurer to John Leech, and from him lo his son Joseph Leech the defendant. The bond given by John Leech to the treasurer for the surplus purchase money was in the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is not denied that the defendant’s father had been the plaintiff’s agent and curator of the land. The father himself testified that his agency had expired before the sale; but that is not enough. To capacitate him as a purchaser' on his own account *474he must have explicitly resigned his trust. The most open, ingenuous and disinterested dealing is required of a confidential agent while he consents to act as such; and there must be an unambiguous relinquishment of his agency before he can acquire a personal interest in the subject of it. To…
2Cases cited5 opinions
- Leisenring v. BlackSupreme Court of Pennsylvania · 1836
- Riddle v. MurphySupreme Court of Pennsylvania · 1821
- Scott v. SeilerSupreme Court of Pennsylvania · 1836
- Connelly v. NedrowSupreme Court of Pennsylvania · 1837
- White v. WillardSupreme Court of Pennsylvania · 1832
3Cited by18 opinions
- Dutton v. . WillnerNew York Court of Appeals · 1873
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Spratt v. PriceSupreme Court of Florida · 1881
- Breisch v. CoxeSupreme Court of Pennsylvania · 1876
- Shelton v. State ex rel. Board of Commissioners of Morgan Co.Indiana Supreme Court · 1876
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