Gordonier v. Billings
Supreme Court of Pennsylvania
Error to the Court of Common Pleas" of Wyoming county: Of January Term 1874, No. 3. This was an action of ejectment-, commenced November 22d 1870, by I. W. Billings against Andrew Gordonier, for a lot of land in Nicholson township. "The legal title was in the plaintiff.
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Error to the Court of Common Pleas" of Wyoming county: Of January Term 1874, No. 3. This was an action of ejectment-, commenced November 22d 1870, by I. W. Billings against Andrew Gordonier, for a lot of land in Nicholson township. "The legal title was in the plaintiff. The defence was, that Ezra Colvin was the owner of a lot of land near the plaintiff’s house, and some time in 1868, he entered into a parol contract with the plaintiff, to exchange his (Colvin’s) lot for the land in dispute; in addition, Colvin was to procure a deed to be made to the plaintiff’ by I. S. Little, for a small…
1Opinion of the CourtJustice Sharswood
We discover no error in the rulings of the learned court on the trial below, and the judgment must therefore be affirmed.
It was an action of ejectment founded on the legal title of the plaintiff below, to which the defence set up was an equity growing-out of a parol exchange of land, followed by an exchange of possession and valuable improvements, which were held sufficient to take the case out of the operation of the Statute of Frauds and Perjuries. The jury found a conditional verdict, establishing the defendant’s equity and fixing a certain day on or before which the parties respectively…
2Cases cited4 opinions
- Shortz v. QuigleySupreme Court of Pennsylvania · 1807
- Righter v. RittenhouseSupreme Court of Pennsylvania · 1832
- Treaster v. FleisherSupreme Court of Pennsylvania · 1844
- Moyer v. Germantown RailroadSupreme Court of Pennsylvania · 1841
3Cited by2 opinions
- Sherwood Bros. Co. v. KennedySuperior Court of Pennsylvania · 1938
- Lewicki v. Washington County, Pennsylvania Court of Common Pleas, Washington County2013