Mellerio v. Freeman
Supreme Court of Pennsylvania
Appeal, No. 132, Jan. T., 1904, by defendant, from order of C. P. No. 3, Phila. Co., Dec. T., 1896, No. 567, discharging rule to open judgment in case of Marie Mellerio to use of Marguerite Lafferty to use of Samuel Chubb v. John S. Freeman. Rule to open judgment. The facts appear by the opinion of the Supreme Court, and by the report of Freeman v. Lafferty, 207 Pa. 32. JError assigned was order discharging rule to open judgment.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The law as well as the merits of this case was fully passed upon by this court in an equity proceeding between the same parties reported in 207 Pa. 32. Substantially the same averments and denials appeared in the bill and answer in that case as appear in this petition and answer. We distinctly held in the equity case, that plaintiff’s bill was an attempt to enforce specifically a parol promise to convey land held on a parol trust, which promise not having been enforced within five years was barred by the statute of frauds of April 22, 1856, P. L. 532; this was…
2Cases cited2 opinions
- Findlay & Hay v. KeimSupreme Court of Pennsylvania · 1869
- Freeman v. LaffertySupreme Court of Pennsylvania · 1903
3Cited by3 opinions
- Kappel v. MethSuperior Court of Pennsylvania · 1936
- Fishel Et Ux. v. McDonald Et Ux.Superior Court of Pennsylvania · 1948
- Gould v. RandalSupreme Court of Pennsylvania · 1911