Dean v. Shelly & Wife
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Susquehanna county: No. 332, to January Term 1868. This was a foreign attachment in covenant, issued November 3d 1865, by R. S. Dean against Enos Shelly and Amanda M. Shelly his wife. The case was this :— Dean owned a farm in Susquehanna county, and Shelly claimed to own lands in Mahaska county, Iowa. . On the 24th of July 1862 the plaintiff sold his farm to Enos Shelly for $1900, and in part payment took Shelly’s land in Iowa.
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Error to the Court of Common Pleas of Susquehanna county: No. 332, to January Term 1868. This was a foreign attachment in covenant, issued November 3d 1865, by R. S. Dean against Enos Shelly and Amanda M. Shelly his wife. The case was this :— Dean owned a farm in Susquehanna county, and Shelly claimed to own lands in Mahaska county, Iowa. . On the 24th of July 1862 the plaintiff sold his farm to Enos Shelly for $1900, and in part payment took Shelly’s land in Iowa. The land in Iowa was conveyed by Shelly and wife to the plaintiff by deed containing a covenant of general warranty. By direction…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
Had the transaction between these parties been an exchange, there would have been a warranty in law incident to it; a condition to give the party a re-entry and a warranty to enable him to vouch and recover over in value: Sheppard’s Touchstone 290. The plaintiff could have maintained ejectment not only against Shelly, but any one claiming from him; for although an assignee cannot re-enter nor vouch, but only use the warranty to rebut, yet the exchangee may re-enter upon an alienee: Noy’s Maxims 61. But exchanges have fallen into disuse in…
2Cases cited1 opinion
- Chambers v. SpencerSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Crain v. WarnerSuperior Court of Pennsylvania · 1926
- Rowe v. Thompson, Pennsylvania Court of Common Pleas, Greene County1924
- Van Tassel v. Churchill, Pennsylvania Court of Common Pleas, Tioga County1927