Legal Opinion

Dagne v. King

Supreme Court of Pennsylvania

Decided January 15, 1794PublishedCited by 3 opinions

Covenant. Plea, covenants performed. The plaintiff grounded his suit on an indenture between the parties, dated 2d August 1791, whereby the defendants in consideration of 550I. conveyed to the plaintiff a certain tract of land, situate in Bristol township, in the county of Philadelphia, by metes and bounds, containing 66 ^ acres, (which had been conveyed to King by a sheriff’s deed on the 6th December 1784) subject to the payment of a mortgage of 325I. with a covenant of…

Read the full summary

Covenant. Plea, covenants performed. The plaintiff grounded his suit on an indenture between the parties, dated 2d August 1791, whereby the defendants in consideration of 550I. conveyed to the plaintiff a certain tract of land, situate in Bristol township, in the county of Philadelphia, by metes and bounds, containing 66 ^ acres, (which had been conveyed to King by a sheriff’s deed on the 6th December 1784) subject to the payment of a mortgage of 325I. with a covenant of special warranty therein. The breach assigned was, that the lands sold did not contain the quantity of 66^ acres, but was…

1Per curiam

This action, instituted against the husband and wife, is novel to us, as well as the question itself. If the plaintiff wished to secure himself, as to the lands holding out 66 acres, he should have had an express covenant for,, that purpose. It was his own folly not to have had the quantity *323of land contained within the metes and bounds described, calculated. Here is a sale of lands by courses and distances, which are truly descriptive of the premises. If there had been a surplus of 20 or 30 acres, the seller must have been satisfied with the sum he had received, and could obtain no further…

2Cases cited1 opinion

  1. Coughenour's Adm'rs v. StauftSupreme Court of Pennsylvania · 1875

3Cited by3 opinions

  1. Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
  2. Coughenour's Adm'rs v. StauftSupreme Court of Pennsylvania · 1875
  3. Imes v. Kaufman, Pennsylvania Court of Common Pleas, Berks County1944

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API