Wilson v. Cochran
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. These were actions of debt brought by William Cochran against Samuel A. Wilson, on three bonds given by the defendant to the plaintiff, for the purchase-money of a tract of land in Jefferson township, Allegheny county, amounting in the aggregate to $1800. A deed, with general warranty of title, was executed and delivered at the time the bonds were given. On the trial the plaintiff gave these bonds in evidence, and rested.
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Error to the District Court of Allegheny county. These were actions of debt brought by William Cochran against Samuel A. Wilson, on three bonds given by the defendant to the plaintiff, for the purchase-money of a tract of land in Jefferson township, Allegheny county, amounting in the aggregate to $1800. A deed, with general warranty of title, was executed and delivered at the time the bonds were given. On the trial the plaintiff gave these bonds in evidence, and rested. The defendant claimed a deduction from the amount of these bonds, on account of damages alleged to have been sustained by…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, C. J.
— Cochran conveyed land to Wilson by a deed which contained a covenant of general warranty, and then brought this suit for part of the purchase-money. Wilson put in an affidavit of defence alleging a paramount title in one Shultz to a right of way, or private road across the land — that he purchased without knowledge of the easement — and that he had been virtually evicted from part of his premises by reason of the use of the right of way.
Upon these allegations we ruled, when the case was here two years ago, that Wilson must be admitted…
2Cited by4 opinions
- Clark v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1915
- Gerz's Exrx. v. Demarra's Exrs.Supreme Court of Pennsylvania · 1894
- Hannan v. CarrollSupreme Court of Pennsylvania · 1923
- Bricker v. KlineSuperior Court of Pennsylvania · 1925