Miles v. Lewis & Barrowman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna eounr ty : Of January Term 1887, No. 286. Ejectment by Benjamin Miles against Benjamin Lewis and Thomas Barrowman for a lot of land situate in the city of Scranton, Pa. Plea, not guilty. The following are the facts as they appeared on the trial before Hand, P. J.: Thomas Barrowman, one of the defendants, contracted to sell the lot described in the writ to W. S. Griffiths.
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Error to the Court of Common Pleas of Lackawanna eounr ty : Of January Term 1887, No. 286. Ejectment by Benjamin Miles against Benjamin Lewis and Thomas Barrowman for a lot of land situate in the city of Scranton, Pa. Plea, not guilty. The following are the facts as they appeared on the trial before Hand, P. J.: Thomas Barrowman, one of the defendants, contracted to sell the lot described in the writ to W. S. Griffiths. On the 7th day of November, 1870, Griffiths contracted to sell it to Benjamin Lewis, the other defendant, for $670, payable in installments. Griffiths, on the 12th of April,…
1Opinion of the CourtJustice Tiutnkey
In Damon v. Bache, 55 Pa., 67, it was said that no wrong can be committed in the pursuit of legal rights by lawful means. Therefore a vendor of land upon request of the vendee because of his indebtedness to others, may bring an action of ejectment, take a confession of judgment to be released on payment of the sum due and owing by the vendee at a stipulated time, and on failure of the vendee to perform the condition, issue execution and recover possession of the land. It matters not that the vendee suggested the action, and had some expectation in favor of his father and mother, for the…
2Cases cited3 opinions
- Martin & Monroe v. BerensSupreme Court of Pennsylvania · 1871
- Forrester v. HanawaySupreme Court of Pennsylvania · 1876
- Damon v. BacheSupreme Court of Pennsylvania · 1867
3Cited by2 opinions
- Roush v. HerbickSupreme Court of Pennsylvania · 1920
- Meyers v. MeyersSuperior Court of Pennsylvania · 1904