Maule v. Weaver
Supreme Court of Pennsylvania
Certificate from the Nisi Prius. Jan. 27. The only question in this cause was whether covenant would lie. In 1832, Weaver conveyed a larger lot to Maulé, reserving a ground-rent which he assigned to Stillé.
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Certificate from the Nisi Prius. Jan. 27. The only question in this cause was whether covenant would lie. In 1832, Weaver conveyed a larger lot to Maulé, reserving a ground-rent which he assigned to Stillé. In May, 1836, a deed, styled in the premises an indenture between Maulé of the first and Weaver of the second part, concluding “ in witness whereof the said parties have hereunto interchangeably set their hands and seals, the day and year first above written,” ivas sealed and signed by Maulé alone. That deed recited the prior deed and the assignment of the ground-rent, and conveyed part of…
1Opinion of the CourtGibson, C. J.
How it came to be thought by the profession at an early day, and to be handed down to the present, that an action of covenant might be maintained against the grantee in a deed-poll under any circumstances, or against any one else w'ho had not sealed it, I cannot imagine. It appeared to us in Wilson v. Buchman so evident on principle that it could not, that we ruled the point in a dozen of words, and directed the case not to be reported, as it seemed to contain nothing which could be of use as a precedent; but in that we wrere mistaken. Though the principle of that case has been recognised as…
2Cases cited3 opinions
- Taylor v. GlaserSupreme Court of Pennsylvania · 1816
- Long v. RamsaySupreme Court of Pennsylvania · 1814
- McDill Lessee v. McDillSupreme Court of the United States · 1782
3Cited by11 opinions
- Sexauer v. WilsonSupreme Court of Iowa · 1907
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
- Taylor v. Forbes' AdministratorSupreme Court of Virginia · 1903
- Mercer's EstateSupreme Court of Pennsylvania · 1938
- Turner v. WilliamsSupreme Court of Alabama · 1938
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