Jones v. Backus
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of McKean county: Of January Term 1886, No. 249. This was an action of ejectment brought by N. F. Jones against S. A. Backus to enforce specific performance of articles of agreement executed between them February 9th, 1867, for the sale and conveyance by Jones to Backus of the land described in the writ. The plea of not guilty was entered for the defendant.
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Error to the Court of Common Pleas of McKean county: Of January Term 1886, No. 249. This was an action of ejectment brought by N. F. Jones against S. A. Backus to enforce specific performance of articles of agreement executed between them February 9th, 1867, for the sale and conveyance by Jones to Backus of the land described in the writ. The plea of not guilty was entered for the defendant. During the pendency of this issue the same land was taken in execution as the property of S. A. Backus, the defendant, and duly sold and conveyed to Lucius Rogers by deed poll, acknowledged in open court,…
1Opinion of the CourtJustice Green
The first assignment is not sustained. The affidavit on appeal was made by one of the defendants, but the recognizance was for both, though signed by one and a surety. This brings the case Avithin the rulings in La Fitte v. La Fitte, 2 S. & R., 107; Hartman v. Stahl, 2 P. & W., 223 and Bonner v. Campbell, 12 Wr., 286, in all of which it was held that if one of the defendants make the affidavit required by the Act, and the recognizance be for all, the appeal Avill stand for all.
The second assignment is not pressed and has no merit.
Third, fourth and fifth assignments. The plaintiff by his…
2Cited by4 opinions
- Sutch's EstateSupreme Court of Pennsylvania · 1902
- Jones v. ScottSupreme Court of Pennsylvania · 1904
- Finberg v. BurkhardtSupreme Court of Pennsylvania · 1913
- Eichenberg v. Leed, Pennsylvania Court of Common Pleas, Lancaster County1902