Parke v. Chadwick
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. John E. Parke against James Chadwick. This was an action of covenant founded upon a warranty of title contained in deed of conveyance by the defendant to the plaintiff. It appeared that Solomon Schoyer, from whom James Chadwick had purchased the property, had previously given a mortgage upon it to William M’Fadden, by whom it was sued, judgment obtained, and the property sold by the sheriff. This was the plaintiff’s case.
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ERROR to the District Court of Allegheny county. John E. Parke against James Chadwick. This was an action of covenant founded upon a warranty of title contained in deed of conveyance by the defendant to the plaintiff. It appeared that Solomon Schoyer, from whom James Chadwick had purchased the property, had previously given a mortgage upon it to William M’Fadden, by whom it was sued, judgment obtained, and the property sold by the sheriff. This was the plaintiff’s case. The matters of defence are fully stated in the opinion of the court.
1Opinion of the Court
*97The opinion of the Court was delivered by
Huston, J.
The testimony presented the following facts. James Church was a creditor of R. N. Havens by sundry transactions and liabilities to a large amount. To satisfy these, Havens gave to Church two bills on George Johnson for $1000 each, and a note of said Johnson for $3600. An article of agreement was executed on 27th Sept. 1839, between Church and Havens, by which it was stated that James Chadwick had that day conveyed to John E. Parke, at the instance of Church, a lot of ground in Allegheny city (describing it) — “The object of said conveyance to…
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