Allebach v. Godshalk

Citations

• 116 Pa. 329
• 19 W.N.C. 445
• 9 A. 444
• 1887 Pa. LEXIS 396

Syllabus

<p>Allebaeh entered into articles of agreement with sixty-six others (among whom were Kulp and Godshalk), to convey to them a tract of land. Separate deeds were to be executed for such a portion thereof as should fall to each by a lottery. Godshalk drew lot 38, Kulp, lot 42, and exchanged, Godshalk taking possession of lot 42. Deeds were executed but not delivered. Godshalk put improvements on lot 42, which were afterwards removed. In an ejectment by Allebaeh against Godshalk to recover lot 42, held:</p> <p>1. That as the defendant’s title originated in pursuance of a lottery bargain it was void: § 52, act of March 31,1860, P. L. 396.</p> <p>2. That as the deed for lot 42 had never been delivered to the defendant, the contract was void under the statute of frauds.</p> <p>3. That as the plaintiff showed title untainted by the collateral illegal contract he was entitled to recover.</p>