Appeal of Ruff

Citations

• 117 Pa. 310
• 11 A. 553
• 1887 Pa. LEXIS 265

Syllabus

<p>1. Section 5057, Rev. St., U. S.,providing: “ No suit, either at law or in equity, shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest touching any property or rights of property transferable to or vested in such assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee,” is a complete bar to a bill by an assignee in bankruptcy, filed more than two years after his appointment to enforce the specific performance of the bankrupt’s contract, although not specially set up in the answer as a defence to the action.</p> <p>2. The court will not decree the specific execution of a contract to convey an interest in lands, indefinite in its description of the lands intended, and unperformed on the part of the vendee for eight years before bill filed, and in the meantime the situation has been wholly changed and the value of the lands greatly enhanced.</p>