Willsey v. Wells

Citations

• 5 Pa. Super. 480
• 1897 Pa. Super. LEXIS 275

Syllabus

<p>Agreement to sell land. — Remedy for refusal to make title.</p> <p>A person having agreed to convey land in fee where his estate was less than a fee, the proposed vendee has a right to insist upon a deed for whatever interest the covenantor has or to repudiate the contract and sue for whatever money he had paid.</p> <p>Refusal to make title — Remedies—Evidence—•Sheriff's sale of equitable interest.</p> <p>A party agreeing to convey, having put it out of his power to do so by a conveyance to some one else, the other contracting party may with his equitable title follow the land if the grantee took title with notice; or he may sue the party to the contract for the recovery of money paid.</p> <p>Where such grantee, however, takes title without notice, a sheriff's sale of the contracting party’s alleged equitable estate is inoperative, and evidence of such salé is incompetent in a suit between the parties to the agreement of sale to recover the purchase money paid.</p>