Legal Opinion

Jones v. Wood

Supreme Court of Pennsylvania

Decided April 21, 1851PublishedCited by 12 opinions

Error to tbe Common Pleas of Chester county. Tbis was an action of covenant by Thomas Wood against John Jones, to recover tbe alleged value of 25 acres and 128 perches of land, at $25 per acre. The Rev. Robert Annan owned a tract of land, situate partly in Lancaster and partly in Chester county, known as the “Annan Farm,” containing 412 acres and allowance.

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Error to tbe Common Pleas of Chester county. Tbis was an action of covenant by Thomas Wood against John Jones, to recover tbe alleged value of 25 acres and 128 perches of land, at $25 per acre. The Rev. Robert Annan owned a tract of land, situate partly in Lancaster and partly in Chester county, known as the “Annan Farm,” containing 412 acres and allowance. He died in 1819, leaving a will, directing his real estate to be sold by his executor, and appointing Dr. Samuel Annan and another his executors, of whom Dr. Annan .is the survivor. This tract of land was held by two deeds, both from…

1Opinion of the Court

The opinion of the court was delivered April 21, by

Bell, J.

It is conceded the court below was right in the instruction given, that acceptance of the deed of April 2, 1839, executed by Annan to Jones, was a consummation of the prior agreement, and operated to put an end to all questions concerning the quantity of the land to be conveyed, and the purchase-money to be paid, which might otherwise arise under the covenants of August 11, 1838. As a general rule, by such acceptance the parties to the transaction are absolutely precluded from looking behind the conveyance for subjects of strife,…

2Cases cited1 opinion

  1. Allison v. KurtzSupreme Court of Pennsylvania · 1834

3Cited by12 opinions

  1. Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
  2. Norment v. TurleyNew Mexico Supreme Court · 1918
  3. William James Sons Co. v. HutchinsonWest Virginia Supreme Court · 1916
  4. Miller v. KempSupreme Court of Virginia · 1931
  5. McCreary v. BombergerSupreme Court of Pennsylvania · 1892

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