Herzberg v. Irwin
| Decision Date | 17 November 1879 |
| Citation | 92 Pa. 48 |
| Parties | Herzberg <I>versus</I> Irwin. |
| Court | Pennsylvania Supreme Court |
Before SHARSWOOD, C. J., MERCUR, GORDON, PAXSON and TRUNKEY, JJ. STERRETT and GREEN, JJ., absent
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 157.
John H. Mueller and F. M. Stoner, for plaintiff in error.
H. & G. C. Burgwin, for defendant in error.
This was a suit to recover the hand-money upon a contract for the sale of real estate. A deed was tendered by the plaintiff below to the defendant, and a demand made for the cash payment, and bond and mortgage stipulated for in the contract. The defendant desired to take the property, but declined to accept the deed, on the ground that the title was defective.
The plaintiff claimed title under Robert Hay, who with his wife conveyed, in 1854, a tract of 104 acres and 13 perches to Henry Williams and Jacob Croneweth as tenants in common. Jacob Croneweth died in 1870, leaving a wife and several children, who were minors. He left a will, in which he devised and bequeathed to his wife Catharine, her heirs and assigns, all his property, real, personal and mixed, "provided, that she shall remain my widow, but if she should get married again, then and in that case she is to get whatever the law will allow her, and no more; and the balance of my estate yet in her hands yet unexpended to be equally divided among my children, then living at the time of her marriage, or their legal representatives." In the year 1872, Henry Williams and Catharine Croneweth made a parol partition of the property, in pursuance of which Catharine released to Williams 50 acres and 93 perches. Williams, on the first of April 1873, conveyed the last-named tract to D. W. Good, who gave a purchase-money mortgage for $5000; the property was sold by the sheriff on this mortgage, and purchased by the plaintiff. It was this title he tendered to the defendant.
It is apparent, that the questions that arise upon the title are: 1st. What estate does the widow take under the will? and 2d. Have the children of Jacob Croneweth such an interest as would require them to be made parties to the partition?
We do not regard these questions as so entirely free from doubt as to make a marketable title. This suit is a substitute for a bill for specific performance, and must be governed by the...
To continue reading
Request your trial
-
Heights Land Co. v. Swengel's Estate
... ... purchase, and is governed by the same equitable ... principles." To the same effect may be cited: Nicol ... v. Carr, 35 Pa. 381; Herzberg v. Irwin, 92 Pa ... 48; Keily v. Saunders, 236 Pa. 593; Hoover v ... Pontz, 271 Pa. 285; Coates v. Cotteral, 290 Pa ... 237; McClenachan v ... ...
-
Black v. American International Corporation
...for specific performance of the contract of purchase, and is governed by the same equitable principles: Nicol v. Carr, 35 Pa. 381; Herzberg v. Irwin, 92 Pa. 48; Holmes v. Woods, 168 Pa. 530; Keily Saunders, 236 Pa. 593. Hence, whether the proceedings be by petition, bill, or action of assum......
-
Franklin Sugar Refining Co. v. Martin-Nelly Grocery Co.
... ... Barclay, 206 Pa. 307, 55 A ... 985); under the latter, which are in effect proceedings for ... specific performance of the contract (Herzberg v ... Irwin, 92 Pa. 48; Murray v. Ellis, 112 Pa. 485, ... 3 A. 845; Black v. American International ... Corporation, 264 Pa. 260, 107 A. 737), ... ...
-
Franklin Sugar Ref. Co v. Martin-nelly Grocery Co
...v. Barclay, 206 Pa. 307, 55 Atl. 985); under the latter, which are in effect proceedings for specific performance of the contract (Herzberg v. Irwin, 92 Pa. 48; Murray v. Ellis, 112 Pa. 485, 3 Atl. 845; Black v. American International Corporation, 264 Pa. 260, 107 Atl. 737), they must be av......