Carnahan v. Hall
Pennsylvania Court of Common Pleas, Westmoreland County
TO an action of debt on a bond, dated 20th April, 1784, and assigned 22d April, 1789, the defendant pleaded payment, with leave to give the special matter in evidence. stated, that this bond (with others) was given in payment for a tract of land, the greater part of which was affected by a prior adverse title.
Read the full summary
TO an action of debt on a bond, dated 20th April, 1784, and assigned 22d April, 1789, the defendant pleaded payment, with leave to give the special matter in evidence. stated, that this bond (with others) was given in payment for a tract of land, the greater part of which was affected by a prior adverse title. To prove this, after producing an article by Adam Carnahan, of the same date with the bond, for the sale of a tract of land to Hall, and conveyance of the land, of the same date, warranting it against all former rights; he produced an office copy of a survey, reciting it as made for…
1Opinion of the Court
President.
In this case two questions have been reserved for our opinion—1. Can want of title, without eviction, be given in evidence, in an action for the price of land sold?—2. Can a survey be given in evidence, before the warrant is shewn?
1. In an action for money due, the price of land sold, can the defendant give in evidence want of title in the plaintiff, at the time of the sale, and an adverse title in a third person, before any eviction or claim of this third person, and while defendant is in possession of the land sold.
Want of consideration may be given in evidence.—What would be a…
2Cited by2 opinions
- Ludwick v. HuntzingerSupreme Court of Pennsylvania · 1842
- Nicolas Talbott v. USACourt of Appeals for the D.C. Circuit · 2025