Brown v. Metz
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an action of ejectment, brought to recover the possession of one hundred and fifteen acres of land, which the plaintiff, as executor under the last will of his father, Samuel Brown deceased, agreed to sell to Daniel Stout, under whom the defendant claimed the possession.
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ERROR to the common pleas of Dauphin county. This was an action of ejectment, brought to recover the possession of one hundred and fifteen acres of land, which the plaintiff, as executor under the last will of his father, Samuel Brown deceased, agreed to sell to Daniel Stout, under whom the defendant claimed the possession. The action was commenced with a view to enforce the payment of three bonds, each of the amount of 328 dollars and 57 cents, payable on the 10th of April in each of the three succeeding years 1823, 1824 and 1825, being the balance of the purchase money remaining unpaid, of…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
In the course of the argument, this action has been called a substitute for a bill in equity; but there is nothing peculiar *166in its principles. Its purpose is, doubtless, to produce the fruit of a bill by compelling the vendee to pay or turn out; but it is effected by moving in an opposite direction. What approaches much nearer, in its principles, to a bill for specific performance, is an action of ejectment, founded with us, on the contract of sale with a view to execute it by delivering the land in pursuance of it. An ejectment founded,…
2Cases cited5 opinions
- Lessee of Moody v. VandykeSupreme Court of Pennsylvania · 1811
- Smith v. WebsterSupreme Court of Pennsylvania · 1834
- Snyder ex rel. Etter v. WolfleySupreme Court of Pennsylvania · 1822
- Vincent v. Lessee of HuffSupreme Court of Pennsylvania · 1818
- Bassler v. NieslySupreme Court of Pennsylvania · 1816
3Cited by8 opinions
- Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
- In re PolsgroveSupreme Court of Pennsylvania · 1847
- Devling v. WilliamsonSupreme Court of Pennsylvania · 1840
- Biddle v. MooreSupreme Court of Pennsylvania · 1846
- Thompson v. CarpenterSupreme Court of Pennsylvania · 1846
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