Mitchell v. Steinmetz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1881, No. 171. The following facts were agreed upon by the parties as a case stated for the opinion of the court, with the same effect as if they had been found by a jury in a special verdict, the court to have authority to draw any inferences from the facts which a jury might draw, and to exercise as full equitable powers as if a bill in equity had been filed for specific performance of a…
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1881, No. 171. The following facts were agreed upon by the parties as a case stated for the opinion of the court, with the same effect as if they had been found by a jury in a special verdict, the court to have authority to draw any inferences from the facts which a jury might draw, and to exercise as full equitable powers as if a bill in equity had been filed for specific performance of a contract of sale. On December 2d 1879, the plaintiff, Mary Amanda Mitchell, wife of Joseph Eastburn Mitchell, being the…
1Opinion of the CourtJustice Paxson
This proceeding, although in form an action at law, is in substance a bill for specific performance, and must be so treated. The cáse stated expressly provides, that the court shall “ exercise as full equitable powers as if a bill in equity had been filed for specific performance of the contract of sale.”
The case briefly stated is this: The defendant purchased of the plaintiffs, at public auction, a ground-rent of $100 per year (par $1666.66), for the price or sum of $1600. The defendant’s conyeyancer procured searches against the premises out of which the rent issued, and found the same…
2Cases cited2 opinions
- Bumberger v. ClippingerSupreme Court of Pennsylvania · 1843
- Colwell v. HamiltonSupreme Court of Pennsylvania · 1840
3Cited by8 opinions
- Bashford v. West Miami Land Co.Supreme Court of Pennsylvania · 1928
- Holmes v. WoodsSupreme Court of Pennsylvania · 1895
- Latta v. HaxSupreme Court of Pennsylvania · 1908
- Pennsylvania Co. for Ins. etc. v. CommissionerUnited States Board of Tax Appeals · 1930
- Orr's EstatePennsylvania Orphans' Court, Philadelphia County · 1924
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