Young v. Pennsylvania, Monongahela & Southern Railroad

Citations

• 48 Pa. Super. 49
• 1911 Pa. Super. LEXIS 335

Syllabus

<p>Vendor and vendee — Executory contract — Payment of -purchase money —Defective title — Conditional verdict — Possession—Ejectment.</p> <p>When in an action of ejectment by a vendor, in an executory contract, against the purchaser to recover possession of land, the defendant sets up the executory contract and alleges that plaintiff cannot convey the fee simple title covenanted for, the proceeding assumes an equitable character. The contract can only become effective as a defense upon condition that the defendant shall perform his covenants. He must pay the purchase money or surrender possession of the land, so far as he has acquired that possession under the contract. This result is reached by the entry of a conditional verdict and judgment in favor of the plaintiff for the land described in the writ, to be released upon payment of the purchase money by the defendant.</p>