Parker v. Wells
Supreme Court of Pennsylvania
This was an appeal from a decree of the Court of Common Pleas of Delaware county, in the matter of the distribution of the proceeds of a sheriff’s sale of a certain messuage and tract of land, situate in Upper Providence township, in that county, sold by virtue of. a writ of venditioni exponas, in an action brought by Samuel Parker against John Wells.
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This was an appeal from a decree of the Court of Common Pleas of Delaware county, in the matter of the distribution of the proceeds of a sheriff’s sale of a certain messuage and tract of land, situate in Upper Providence township, in that county, sold by virtue of. a writ of venditioni exponas, in an action brought by Samuel Parker against John Wells. The sheriff paid into court the sum of $700, which was claimed by two judgment creditors of the defendant; by Susanna Patterson, executrix, &c. of Wm. Patterson, deceased, under a .judgment against the defendant, entered on the 23d of January,…
1Opinion of the Court
*161The opinion of the court was delivered by
Gibson, C. J.
It is not' pretended that possession was delivered in execution of the contract; but it is argued that the security given for the purchase money was equivalent to actual payment of it, and consequently enough to take the case out of the statute. Though there had been several dicta that nothing but delivery of possession is to be taken for part performance, it had not been specifically decided in Pennsylvania before M‘Kee v. Phillips, (9 Watts, 85,) that payment of purchase money is not so. Yet, notwithstanding several English decisions to…
2Cases cited4 opinions
- Bell v. AndrewsSupreme Court of the United States · 1796
- M'Kee v. PhillipsSupreme Court of Pennsylvania · 1839
- Jones v. PetermanSupreme Court of Pennsylvania · 1817
- Smith v. Lessee of PattonSupreme Court of Pennsylvania · 1814
3Cited by7 opinions
- Fall v. HazelriggIndiana Supreme Court · 1874
- Hill v. MeyersSupreme Court of Pennsylvania · 1862
- Derr v. AckermanSupreme Court of Pennsylvania · 1897
- Emery v. SmithSupreme Court of New Hampshire · 1865
- Gangwer v. FrySupreme Court of Pennsylvania · 1851
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