Damon v. Bache
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Tioga county. This was an action of ejectment, commenced March 11th 1864, by Pardon Damon against William Bache and Albert Landis, for a tract of 117 acres of land. On the 22d of July 1847 Simon H. Landis contracted with Thomas J. Wharton for the purchase of the land in question.
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Error to the Court of Common Pleas of Tioga county. This was an action of ejectment, commenced March 11th 1864, by Pardon Damon against William Bache and Albert Landis, for a tract of 117 acres of land. On the 22d of July 1847 Simon H. Landis contracted with Thomas J. Wharton for the purchase of the land in question. The purchase-money was to be $351, of which $35 were to be paid in hand ; the balance to be paid in four annual payments, the first to be made January 1st 1850. On the 28th of January 1860 William Bache, the defendant, became the owner of the legal title, and on the same day…
1Opinion of the Court
The opinion of the court was delivered, April 1st 1867, by
Thompson, J.
— No wrong can be committed where one pursues his legal rights by lawful means. If he gets ahead of others in the race who had an equal chance with him, the law finds no fault, for one of its maxims is, “ vigilantibus non dormientibus legis subveniunt.”
All that can be justly said of the defendant Bache is that he was vigilant. His title protects the other defendants. Landis, under whom the plaintiffs claim, bought the land in question from Bache as agent of the owner in 1847, and(paid down $35, and agreed to pay the balance…
2Cited by3 opinions
- Roush v. HerbickSupreme Court of Pennsylvania · 1920
- Kittleberger & Evans v. Home Builders Co.Superior Court of Pennsylvania · 1932
- Miles v. Lewis & BarrowmanSupreme Court of Pennsylvania · 1887