Weiser v. Weiser
Supreme Court of Pennsylvania
ERROR to the common pleas of- Union county. This was an. action of covenant by George Weiser, administrator of Peter Weiser, against David Weiser and John Bossier, administrators de bonis non of Conrad Weiser, deceased. In the year 1760, Conrad Weiser devised his land to his children Philip, Frederick, Peter, Samuel, Benjamin, Mariah and Margaret, as tenants in common.
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ERROR to the common pleas of- Union county. This was an. action of covenant by George Weiser, administrator of Peter Weiser, against David Weiser and John Bossier, administrators de bonis non of Conrad Weiser, deceased. In the year 1760, Conrad Weiser devised his land to his children Philip, Frederick, Peter, Samuel, Benjamin, Mariah and Margaret, as tenants in common. In 1773, the devisees all executed a deed of partition of the lands among themselves, which contained a clause of special warrantee. One of the parties or he who claimed under him, was evicted and turned out of the possession…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The only question presented here is, whether the deed offered in evidence by the plaintiff, contains such a covenant as that set forth in his declaration; for a breach of which he claims to recover damages. It is admitted that the deed contains no express covenant of the same effect; but it is contended, inasmuch as it is a deed of partition, that a general warranty, such as the plaintiff has declared on, arises from the very nature of the transaction, by implication of law, without any such being expressed. It is true, that as between…
2Cases cited5 opinions
- Vanderkarr v. VanderkarrNew York Supreme Court · 1814
- Kent v. WelchNew York Supreme Court · 1810
- Laughran v. KellyMassachusetts Supreme Judicial Court · 1851
- Gates v. CaldwellMassachusetts Supreme Judicial Court · 1810
- Christine ex rel. Christine v. WhitehillSupreme Court of Pennsylvania · 1827
3Cited by8 opinions
- Whitsett v. WamackSupreme Court of Missouri · 1900
- Davidson v. CoonIndiana Supreme Court · 1890
- Beale v. StroudCourt of Appeals of Kentucky · 1921
- Rountree v. DensonWisconsin Supreme Court · 1884
- Bowers v. DickinsonWest Virginia Supreme Court · 1888
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