Walter v. Walter
Supreme Court of Pennsylvania
This was a writ of error in the Court of Common Pleas of Northampton county. In the Court below, Lambert Walter and Jacob Seilor, executors of the last will of Abraham Walter deceased, brought an action of assumpsit against John Walter, in which the declaration recited,. that Michael Walter died intestate, &c. on or about the twenty-first of February, a.d. 1820, seised in his demesne as of fee of and in a certain tract of land situated in Forks township in the county of…
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This was a writ of error in the Court of Common Pleas of Northampton county. In the Court below, Lambert Walter and Jacob Seilor, executors of the last will of Abraham Walter deceased, brought an action of assumpsit against John Walter, in which the declaration recited,. that Michael Walter died intestate, &c. on or about the twenty-first of February, a.d. 1820, seised in his demesne as of fee of and in a certain tract of land situated in Forks township in the county of Northampton, adjoining lands of Jacob Seip and others, and containing 155 acres, 49 perches, strict measure, more or less,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Though usually dealing, for purposes of performance, with contracts but for the sale of lands, and compelling the vendor to fulfil his stipulations by a conveyance, equity entertains a bill also for payment of purchase money, on the ground of reciprocity of recourse, and not for failure of remedy at law. It seems formerly to have been thought in Armiger v. Clark, (Bunb. 111,) that, as the vendor wants but the purchase money, his remedy is exclusively at law. But in Lewis v. Lechmere, (10 Mod. 506,) it was conceded by the chancellor, that…
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