Marlin v. Willink
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Crawford county, in an ejectment brought by Wilhelm Willink and others against Ralph Marlin. / On the trial in the Court below, the plaintiffs gave in evidence articles of agreement made between them, and'the'defendant, on the 26th September, 1808, for the sale of the land to the defendant.
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In Error. ERROR to the Court of Common Pleas of Crawford county, in an ejectment brought by Wilhelm Willink and others against Ralph Marlin. / On the trial in the Court below, the plaintiffs gave in evidence articles of agreement made between them, and'the'defendant, on the 26th September, 1808, for the sale of the land to the defendant. The purchase money was 656 dollars, 30 cents, of which 308 dollars, 62 cents were paid in hand by the defendant at the time, for which the plaintiffs gave their receipt: the residue was by the agreement to be paid in five equal annual instalments commencing…
1Opinion of the Court
Duncan J.
Delivered the opinion of the Court.
This is the. plainest of all cases. It is a case of ejectment, between vendor and vendee, the vendee covenanting to pay the purchase money at certain designated periods, all of which had long expired before the commencement of the action. The hand money had been paid on the execution of the articles. The residue was to be paid by five annual instalments, none of which had been paid, or were offered to be paid, or the money brought into Court on the.-trial of the cause. The legal title was in thé vendors. The plaintiffs below, defendants in error, in…
2Cited by3 opinions
- Browning v. EstesTexas Supreme Court · 1848
- Seitzinger v. RidgwaySupreme Court of Pennsylvania · 1840
- Henderson v. HaysSupreme Court of Pennsylvania · 1834