Legal Opinion

Bodine v. Glading

Supreme Court of Pennsylvania

Decided July 1, 1853PublishedCited by 8 opinions

Appeal from the decree of the Common Pleas of Philadelphia county, overruling exceptions to a master’s report as to the time satisfactory evidence of title was exhibited, and dismissing a bill asking for. specific performance of a contract of sale of real estate. On the 20th June, 1850, John A. Stewart assigned to E. E. Tarr all his estate, including the premises in question, for the benefit of creditors.

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Appeal from the decree of the Common Pleas of Philadelphia county, overruling exceptions to a master’s report as to the time satisfactory evidence of title was exhibited, and dismissing a bill asking for. specific performance of a contract of sale of real estate. On the 20th June, 1850, John A. Stewart assigned to E. E. Tarr all his estate, including the premises in question, for the benefit of creditors. The assignee exposed the premises to sale, at auction, on the 10th April, 1851. The printed advertisement of the premises contained the words, “ Title undoubted, terms at sale.” The terms…

1Opinion of the Court

The opinion of the Court was delivered by

Lewis, J.

— This is a bill for the specific performance of a contract for the purchase of real estate, sold at auction, under a written condition of the sale, that “ the cash is to be paid within fifteen days from sale, or the property may be resold at the risk and expense of the purchaser.” The sale was made on the 10th April, 1851, and the title was to be “ undoubted.” Objections were made to the title on the ground of the defective acknowledgment by the wife of a person through whom the title was derived. This objection was afterwards removed by…

2Cited by8 opinions

  1. Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917
  2. Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
  3. Kane v. LuckmanU.S. Circuit Court for the District of Northern Iowa · 1904
  4. Rhodes v. GoodSupreme Court of Pennsylvania · 1921
  5. Heckman's EstateSupreme Court of Pennsylvania · 1912

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