5 Pa. 500 | Pa. | 1847
The question is, whether Pott, the appellant, shall swallow up the assets of the estate in part payment of a desperate purchase, or whether he has precluded himself from insisting on the contract by his action of ejectment in disaffirmance of it. The property consisted of three tracts of land, and a house in town; for which the vendee covenanted to pay $6000 in annual instalments, the interest to be first paid or turned into principal; the consequence of which has been, that though he paid $1750, the interest had not, at his death, been altogether kept down. The vendor had, in part, executed the contract by delivery of possession, but brought an action of ejectment after the vendee’s death,
Decree affirmed.