Napier v. Darlington
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 209, to October and November Term 1870. On the 30th of November 1868, Matilda Napier and Mary A. McCracken brought an action of ejectment against William M. Darlington for one and a half acres of land in Indiana township.
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Error to the District Court of Allegheny county: No. 209, to October and November Term 1870. On the 30th of November 1868, Matilda Napier and Mary A. McCracken brought an action of ejectment against William M. Darlington for one and a half acres of land in Indiana township. The plaintiffs’ abstract of title set out that they were lawfully possessed of the property in dispute, and on the 26th of May 1860 demised the same to John Dorrington and others for three years, with the privilege of five years, at an annual rent of $70; that the lessees took possession under the lease, and sub-let the…
1Opinion of the Court
*67The opinion of the court was delivered, July 3d 1872, by
Williams, J.
There are but two questions in this case:
1. Whether the defendant, as assignee of the lease, is entitled to the right or option given to the lessees of purchasing the demised premises at the expiration of the term ?
2. Whether, if the plaintiffs are not able to convey a valid title to the entire property, the defendant may elect to take a conveyance of their interest or shares on payment of a proportionate part of the purchase-money ?
Both these questions have been decided by this court after the fullest Consideration. The…
2Cases cited1 opinion
- Willard v. TayloeSupreme Court of the United States · 1870
3Cited by10 opinions
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Merritz v. CircelliSupreme Court of Pennsylvania · 1949
- Landon v. MoreheadSupreme Court of Oklahoma · 1912
- Medoff v. VandersaalSupreme Court of Pennsylvania · 1921
- Campbell v. RawlingsDistrict Court, District of Columbia · 1922
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