Patterson v. Forry
Patterson v. Forry
Opinion of the Court
— The court below were right in rejecting the evidence offered by the defendant. Nothing appears in it by which the plaintiff could sustain his allegation of a lien on the land, which, to be valid, must appear in writing, and usually by matter of record, and cannot be established merely by parol evidence of the understanding of parties. No such reservation appears by the original deed to Caspar Chronister, as it was not produced, and the presumption is, it was conformable to the articles of agreement, which stipulated that a clear deed should be given at the time the hand money was paid, and bonds should be given for the yearly gales,
i The next item of evidence is the return of sale of the land by the sheriff, as the property of Caspar Chronister, for $700, subject to a lien, not specifying what; and the sheriff’s deed itself is without any allá
This case cannot be distinguished in principle from those of Umbhauer v. Aulenbaugh, 8 Watts, 48, and 3 Watts & Serg. 259; Modes Appeal, 6 Watts & Serg. 280; Koufelt v. Bower, 7 Serg. & Rawle, 64, and Bear v. Whistler, 7 Watts, 144, and various others, in which the law of Pennsylvania on this subject has been discussed and determined.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.