Shaffer v. Greer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1878, No. 137. Covenant by Wesley Greer against John S. Shaffer, to recover for an alleged breach of the implied covenant arising from the words, “grant, bargain and sell,” in a deed. On the 26th of November 1873, defendant, by deed of general warranty, did “grant, bargain and sell” to plaintiff a certain piece of ground situate on Devilliers street, Pittsburgh.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1878, No. 137. Covenant by Wesley Greer against John S. Shaffer, to recover for an alleged breach of the implied covenant arising from the words, “grant, bargain and sell,” in a deed. On the 26th of November 1873, defendant, by deed of general warranty, did “grant, bargain and sell” to plaintiff a certain piece of ground situate on Devilliers street, Pittsburgh. Prior to said date, the councils of Pittsburgh enacted an ordinance for the grading, paving, &c., of said Devilliers street, and the contract…
1Opinion of the CourtJustice Sharswood
The early and leading case of Lessee of Gratz v. Ewalt, 2 Binn. 95, settled that the words “ grant, bargain and sell” in a conveyance of land in fee-simple, is, under the Act of May 28th 1715, sect. 6, 1 Sm. Laws 95, a covenant only against acts done or suffered from the grantor. The word “suffered” necessarily implies that it is not confined to the voluntary acts of the grantor, and it has never been doubted that he is liable on a judgment obtained against him by adverse proceedings. It is apparent that the same principle extends to and includes a tax assessed on the land during his title.…
2Cases cited1 opinion
- Lessee of Gratz v. EwaltSupreme Court of Pennsylvania · 1809
3Cited by8 opinions
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- Barlett v. Beverly School Land Co.Superior Court of Pennsylvania · 1952
- Litmans v. O'DONNELLSuperior Court of Pennsylvania · 1953
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