Petition of James Elder

Executor of Eli Perrin, late of Southampton Township, Dec'd

Praying the Court to Decree Specific Performance of Contract of

Said Dec'd with Amos Perrin

Orphans Court Docket 14, Page 244

November 23, 1870

Contributed by Sharon Ashcraft

To the Judge of the Orphans Court of Bedford County Pa -

The petition of James Elder, Executor of Eli Perrin, late of Southampton Twp. dec'd

(S towesh?): That the said Eli Perrin in his lifetime, that is to say on the 9th day of May 1867, entered into a parcel contract for the same, a tract of land to Amos Perrin, and did sell to the said Amos eighty four acres, as and for the sum of eighty four dollars. That the said Amos in pursuance of said contract and agreement paid the purchase money to the said Levi (Eli) in his lifetime and entered upon the said 85 (84) a's. (acres) and has continued in possession of the said land from the making of the contract to the present time, and is still in possession and that he has erected a dwelling house and made large improvements on said premises.

That the boundaries were fixed by the said Levi (Eli) and said Amos at the time, and the same was drawn & marked on the ground in the presence of the parties by Samuel Kettermein (Ketterman), County Surveyor, and a draft thereof was duly made by said surveyor which is hereto attached (copy illegible), and your petitioner prays that the same may be made part of this proceeding.

Your petitioner would further state that the said Levi (Eli) died without making any provision for making a

deed to the purchaser and your petitioner, & we pray that a deed should be made to the said Amos in pursuance of said agreement of purchase, prays your Honour, to decree a specific performance of the deed contract and to order & direct your petitioner to make, execute & deliver a deed to the said Amos Perrin for the land described in the said draft.

And he will pray Sc James Elder

James Elder on his solemn oath duly administers & doth say that the facts set forth in the forgoing petition are true, so far as he knows them himself, and so far as he has learned them from others, he believes them to be true.

Sworn & Sub. Nov 23' 1870 before me James Elder

Jno. P. Reed, Clerk

And now, Nov. 23rd 1870. This court having fully considered this petition and the proof thereof and no sufficient cause being shown to the contrary, the adindge said facts to be sufficient in law viz: Equity and order and decree that the said contract be specifically preformed recording with true intent and meaning thereof and it appearing to this Court that the purchase money has been paid according to said contract, the Court do further decree that the said Executor James Elder, do execute to the said Amos Perrin, a good and sufficient deed, conveying to him in fee simple the messuage and tract of land in the said contract mentioned in conformity with the intention of the same.

Nov. 23rd, 1870 - Petition read and filed and in meeting Atty. Kerr, specified performance of contract decreed By the Court

Ent'd in O.C. Dockt. 14 Page 244.

Nov. 23rd, 1870, I waive service of notice and join in the foregoing prayer.

E.F. Ren or Reu

Atty. for Amos Perrin

adindge: misspelled and/or an obsolete word; definition not found

ss: that is to say; namely

viz: as follows

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