Foster v. Harris
Supreme Court of Pennsylvania
In error from the Common Pleas of Dauphin. In 1812, McClay entered into articles for the sale of certain lots in the county of Dauphin.
Read the full summary
In error from the Common Pleas of Dauphin. In 1812, McClay entered into articles for the sale of certain lots in the county of Dauphin. Before execution of the deed, or payment of the purchase-money, McClay died seised of other real estate, leaving Mary Awl one of his six heirs. . The title to the property conveyed by the articles was then perfected by the administrators, under decree of the court, in 1814. In 1813, Mary Awl, with her husband, entered into articles with Foster, reciting the death of McClay, seised of “ considerable real estate in the county of Dauphin,” and that the trustees…
1Opinion of the CourtCoulter, J.
The doctrine of conversion is favoured rather than restrained by modern decisions, because it carries into effect, the intent and the contract of the parties, and disencumbers real estate from some of the useless clogs imposed upon 'its alienation by,the strict rules of the common law: and it is a result and consequence of the pervading principle in chancery, that what a party has contracted to do, equity will consider as done. William McOlay having sold a certain part of his real estate in his lifetime, by articles of agreement under seal, the land so contracted to be sold ceased to be real…
2Cited by8 opinions
- Yannopoulos v. SophosSuperior Court of Pennsylvania · 1976
- Bender v. LuckenbachSupreme Court of Pennsylvania · 1894
- In re the Estate of DelaneyNevada Supreme Court · 1918
- Long's EstateSuperior Court of Pennsylvania · 1911
- Blackmon, D. v. Moore, Z.Superior Court of Pennsylvania · 2020
3 more not listed; retrieve them via the Exa API.