Ake v. Mason
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Blair county of January Term 1882, No. 101. Covenant, by Adolphus Ake, against C. C. Mason, to recover damages for an alleged breach of a covenant contained in a deed from defendant to plaintiff.
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Error to the Court of Common Pleas of Blair county of January Term 1882, No. 101. Covenant, by Adolphus Ake, against C. C. Mason, to recover damages for an alleged breach of a covenant contained in a deed from defendant to plaintiff. On the trial, before Dean, P. J., the following facts appeared : By deed dated May 21st 1873, Mason conveyed to Ake a lot of ground situate on the northeast side of Katharine (now Eleventh) Street, in addition A. in the City of Altoona, consisting of four contiguous lots, numbered J, 5, 6 and 7, in Block No. 6, in the general plan of the city, containing, in…
1Opinion of the CourtJustice Mercur
The alleged errors are to the court having ordered and confirmed a compulsory nonsuit. The action is covenant on a deed from defendant to plaintiff, containing the words “ grant, bargain and sell.” The act of 28th May 1715, Pur. Dig. 472, declares these words “ shall be adjudged an express covenant to the grantee, his heirs and assigns, that the grantor was seised of an indefeasible estate in fee simple, freed from encumbrances done or suffered from tho grantor ... as also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express words contained in such deed.”…
2Cases cited2 opinions
- Patterson v. ArthursSupreme Court of Pennsylvania · 1839
- Lessee of Gratz v. EwaltSupreme Court of Pennsylvania · 1809
3Cited by4 opinions
- Pleasant Hills Borough Inc. CaseSuperior Court of Pennsylvania · 1947
- Wood v. EvanitzskySupreme Court of Pennsylvania · 1951
- Wood v. EvanitzskySuperior Court of Pennsylvania · 1951
- Prechtel v. Miller, Pennsylvania Court of Common Pleas, Lehigh County1955