Citation: BOEHM AND SHITZ v. ENGLE, 1 U.S. 15 (1767)
Background:
The case involved a dispute over the sale of a house and lot in Philadelphia. The plaintiffs, Boehm and Shitz, sold the property to the defendant, Andrew Engle, under the power granted in the will of Henry Bolster. After the sale, Engle refused to accept the deed, claiming that Bolster did not have a good title to the lot.
Overview:
Boehm and Shitz brought a special action on the case to recover the consideration money of £802. The central issue was whether the plaintiffs could establish a good title to the property despite defects in the chain of conveyance.
Court:
The case was heard by the Supreme Court of Pennsylvania during its September Term in 1767
Parties to the Case:
Plaintiffs: Boehm and Shitz
Defendant: Andrew Engle
Judgment:
The court ruled in favor of the plaintiffs, finding that the Statute of 32 H. 8 c. 2 (a statute of limitations) extended to the province and gave a good title to the property after sixty years of possession. The jury found in favor of the plaintiffs, and they were awarded the consideration money