Legal Opinion

Robinson v. Bakewell

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 7 opinions

Error, to the District Court of Allegheny county. This was a scire facias to have execution of a judgment, and to assess the damages sustained by the breach of the condition, issued at the suit of Thomas Bakewell, for the use of the minor children of John P. Bakewell, against Charles S. Bradford, administrator of William Robinson, deceased, with notice to the widow and heirs of said deceased.

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Error, to the District Court of Allegheny county. This was a scire facias to have execution of a judgment, and to assess the damages sustained by the breach of the condition, issued at the suit of Thomas Bakewell, for the use of the minor children of John P. Bakewell, against Charles S. Bradford, administrator of William Robinson, deceased, with notice to the widow and heirs of said deceased. This judgment was entered upon a warrant of attorney accompanying a bond, dated the 4th day of January, 1884, from Robinson to Bakewell, in the penal sum of $5000, the condition is as follows: — • “ That…

1Opinion of the Court

The opinion of the Court was delivered by

Knox, J. —

We cannot agree with the plaintiff in error, that the covenant of indemnity contained in the bond upon which the suit was ^brought, did not extend to “costs, charges, and expenses,” *428incurred in defending an action commenced by am unsuccessful claimant. On the contrary, it plainly appears from the words used that the vendor not only warranted the title, but that he also covenanted to defend it against any one claiming a better right. The condition in the bond differs from the covenant of warranty in the deed, in that the first binds the vendor…

2Cited by7 opinions

  1. Close v. ZellSupreme Court of Pennsylvania · 1891
  2. McMinn v. DamurjianNew Jersey Superior Court Appellate Division · 1969
  3. Cousins v. Paxton & Gallagher Co.Supreme Court of Iowa · 1904
  4. Pennsylvania Laundry Co. v. Land Title & Trust Co.Superior Court of Pennsylvania · 1920
  5. Bacher EstatePennsylvania Orphans' Court, Philadelphia County · 1949

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