Reports of Cases Adjudged in the Supreme Court of Pennsylvania, 1812, Vol. 4 (Classic Reprint)
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Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, 1812, Vol. 4 Hall for the defendants in error did not deny the importance of the consideration to a deed of bargain and sale; but he said the plaintiffs in error had now placed themselves in the situation of persons asking for a specific performance; and as the court must be satisfied from examining the notes of the trial and the judge´s charge, that Quigley had been guilty of shuffling and prevarication to avoid paying for the land, they would not give him the benefit of the objection which had been raised. In reply it was said, that the question did not turn upon the propriety of a specific performance, but upon the point, whether the judge had erred in law in his charge to the jury. If the judgment is affirmed, the opinion of the judge upon all points on which it was delivered, is declared to be good. Tilghhan, C. J. This is a writ of error to the Common Pleas of Northumberland county, founded on the opinion of the president of that court reduced to writing, and filed according to the act of assembly. The plaintiffs had sold to Christopher Quigley one of the defendants a tract of land, for which he had paid a small part of the consideration money, and entered into possession in the year 1791. In 1795, the agents of the plaintiffs tendered to Quigley a deed of conveyance, and demanded payment of the balance of the money. Quigley refused to accept the deed; in consequence of which, the plaintiffs considered the contract as void, and brought this ejectment. Several objections were made to the opinion delivered by the president. I shall take notice of only one of them, because it is decisive. The deed tendered by the plaintiffs was executed by five persons, three of whom were men, and two, married women. It was acknowledged according to law, but there was a blank left for the consideration. There was evidence, that the agent of the plaintiffs was authorized by them to fill up this blank. Under these circumstances, the president of the Court of Common Pleas was of opinion, that the deed was sufficient. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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