Wiley v. Christ
Supreme Court of Pennsylvania
ERROR to the common pleas of Jldams county. Ejectment for a house and lot by William Wiley and others against Lewis Christ and others. The plaintiffs are the heirs at law of Jane M’Creary, under whom both parties to this suit claim title. In 1813 Jane M’Creary sold and conveyed the property in controversy to Lewis Christ, and received his bonds for the purchase money. Lewis Christ went into possession, and remained in the possession for seme time.
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ERROR to the common pleas of Jldams county. Ejectment for a house and lot by William Wiley and others against Lewis Christ and others. The plaintiffs are the heirs at law of Jane M’Creary, under whom both parties to this suit claim title. In 1813 Jane M’Creary sold and conveyed the property in controversy to Lewis Christ, and received his bonds for the purchase money. Lewis Christ went into possession, and remained in the possession for seme time. There was no evidence that he had ever paid any part of the purchase money ; and he re-delivered the possession to jane M’Creary, and removed to…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
—The first error assigned is, that the court, below did not give an affinnal.ive instruction to the jury on the point submitted by the plaintiffs in error, who were also the plaintiffs below7.
The point submitted by the plaintiffs was, that if the jury should believe, as was contended by the plaintiffs, that the deed of conveyance from Jane M’Creary, for the land in dispute, to the defendant Lewis Christ, had been re-delivered by him to her, and at, the same time the bonds which she held upon him for the payment of the purchase money of the…
2Cases cited2 opinions
- Lyon v. AnnableSupreme Court of Connecticut · 1822
- Gilbert v. BulkleySupreme Court of Connecticut · 1824
3Cited by4 opinions
- Phillips v. PhillipsSupreme Court of Pennsylvania · 1839
- Ford v. A. E. Dick Co., Pennsylvania Court of Common Pleas, Schuylkill County1926
- Holbrook v. TirrellMassachusetts Supreme Judicial Court · 1829
- Winter v. LudlowUnited States Circuit Court · 1858