Kerr v. Kitchen
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. April 10. Assumpsit to recover back a sum of money paid by plaintiff to defendant on a ground-rent reserved in a conveyance between them, and also the amount paid for taxes. It appeared that J. Kitchen devised his estate equally among his wife and five children.
Read the full summary
In error from the District Court of Philadelphia. April 10. Assumpsit to recover back a sum of money paid by plaintiff to defendant on a ground-rent reserved in a conveyance between them, and also the amount paid for taxes. It appeared that J. Kitchen devised his estate equally among his wife and five children. In 1828, Henry, one of the children, with his wife, conveyed his estate to his mother in fee, who about the same time conveyed the same to Dr. James Kitchen in trust for the separate use of the wife of said Henry, remainder to his children. These deeds were recorded. In 1889, the…
1Opinion of the CourtBell, J.
It is unnecessary to run through-the familiar cases which establish the rule in Pennsylvania, that though a vendee of land may defend an action brought for the purchase-money, by showing existing encumbrances or defect of title, he cannot, on these grounds, recover back the consideration-money paid, after conveyance made, unless there be fraud or a warranty. Conceding this doctrine, the plaintiff bases his claim to recover the ground-rents and taxes paid by him on an imputed fraudulent concealment by the defendant of Dr. James Kitchen’s inability to convey the interests of Eliza Kitchen and…
2Cases cited2 opinions
- D'Utricht v. MelchorSupreme Court of the United States · 1789
- Dorsey v. JackmanSupreme Court of Pennsylvania · 1814
3Cited by2 opinions
- Wood v. EvanitzskySupreme Court of Pennsylvania · 1951
- Kamel's EstatePennsylvania Orphans' Court, Philadelphia County · 1941