Lessee of Sherman v. Dill
Supreme Court of Pennsylvania
Ejectment for 264 acres of land in Manheim township. Conrad Sherman claiming the lands in question under divers *mense conveyances, on the 17th December 1792, entered into articles of agreement with George Fridley; where- L " by the said Sherman in consideration of 950!. to be paid as therein after is set forth, grants, bargains and sells to the said Fridley, his heirs, and assigns, a certain tract of land whereon he then lived, called “Killdowney,” containing 270 acres 101…
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Ejectment for 264 acres of land in Manheim township. Conrad Sherman claiming the lands in question under divers *mense conveyances, on the 17th December 1792, entered into articles of agreement with George Fridley; where- L " by the said Sherman in consideration of 950!. to be paid as therein after is set forth, grants, bargains and sells to the said Fridley, his heirs, and assigns, a certain tract of land whereon he then lived, called “Killdowney,” containing 270 acres 101 perches, surveyed to Jámes Hall on 20th March 1768, under an application dated 25 th April preceding, excepting thereout…
1Opinion of the Court
Per Cur.
The admissibility of the testimony offered, depends solely on the legal operation of the articles of agreement between Jacob Sherman and George Fridley. If the former conveyed *thereby his legal interest in the land to the latter, r* „ then the evidence should be received ; because, when the L 9 vendee had fairly contracted with others, his remaining interest in the land was subject to be sold by the sheriff for his debts, and not the right he had parted with.
In every agreement the intention of the parties is to be considered ; Plowd. 290, 292. 3 Burr. 1477. And it is said, 4 Term…
2Cases cited2 opinions
- Williams v. BentleySupreme Court of Pennsylvania · 1856
- Case of Rhoads' EstateSupreme Court of Pennsylvania · 1832
3Cited by2 opinions
- Williams v. BentleySupreme Court of Pennsylvania · 1856
- Ogden v. BrownSupreme Court of Pennsylvania · 1859