Jordan v. Stewart
Supreme Court of Pennsylvania
Error to the Common Pleas of Delaware county. This was an action of covenant to May Term, 1851, by George Jordan against John Stewart, on a deed of conveyance by Stewart to Jordan, which, on the part of Jordan, the plaintiff, was alleged to contain a clause of general warranty, warranting the title to the lands conveyed.
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Error to the Common Pleas of Delaware county. This was an action of covenant to May Term, 1851, by George Jordan against John Stewart, on a deed of conveyance by Stewart to Jordan, which, on the part of Jordan, the plaintiff, was alleged to contain a clause of general warranty, warranting the title to the lands conveyed. On the 20th of June, 1884, John Stewart and wife conveyed to George Jordan a tavern house and tract of land in Delaware county for $2250. The plaintiff went into possession and continued to occupy till April, 1847, when an action of ejectment was brought by Mary Crawford and…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
The grantee in a deed which has been duly acknowledged is at liberty, undoubtedly, to make probate of it by a subscribing witness. Under our Acts of Assembly both modes of authentication are open to him, and where for any reason one is not satisfactory, he may resort to the other; but the w'hole effect, whether of one or both, is to qualify the instrument to be recorded, and used as evidence. Still we are of opinion that the Court were right in rejecting the evidence of probate offered here, and which is set forth in the first bill of…
2Cited by13 opinions
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- Nesbitt v. TurnerSupreme Court of Pennsylvania · 1893
- Yubas v. MakranskySupreme Court of Pennsylvania · 1930
- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
- Fee v. Adams Express Co.Superior Court of Pennsylvania · 1909
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