Hamilton v. Brown
Supreme Court of Pennsylvania
Error to the Common Pleas of Venango county. This was an action of covenant, brought in 1848, by Davis, in the name of Jeremiah Brown, for the use of William Davis v. Chauneey Hamilton.
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Error to the Common Pleas of Venango county. This was an action of covenant, brought in 1848, by Davis, in the name of Jeremiah Brown, for the use of William Davis v. Chauneey Hamilton. The damages were laid at $1000. An article of agreement under seal was entered into, on 28th Sept. 1833, between Hamilton and Brown, by which Hamilton agreed to convey to Brown 50 acres of donation tract No. 458, in Venango county, to be taken off the south end and west side of the tract, as shall best suit when surveyed, for the consideration of $125. When the consideration was paid or arranged, Hamilton was…
1Opinion of the Court
The opinion of the Court was delivered by
Bell, J.
The Court below fell into the error of converting a *89strictly legal action into an equitable remedy, and that, too, for a purpose to which even a chancellor- would scarcely give effect. It was forgotten that the instrument sued on is a mere personal contract, affording a formal remedy to none but the parties to it, or their legal representatives. Unlike a covenant running with an estate in land, which gives to an assignee a right to sue as a party to it, the covenant to make „a conveyance is not assignable at law, nor will equity regard the…
2Cases cited2 opinions
- Montgomery v. CookSupreme Court of Pennsylvania · 1837
- Blanchard v. CommonwealthSupreme Court of Pennsylvania · 1837
3Cited by6 opinions
- Riling v. IdellSupreme Court of Pennsylvania · 1927
- Federal Deposit Ins. Corp. v. BarnessDistrict Court, E.D. Pennsylvania · 1980
- Guaranty Trust & Safe Deposit Co. v. PowellSupreme Court of Pennsylvania · 1892
- Shermet v. EmbickSuperior Court of Pennsylvania · 1926
- Stern Mfg. Co. v. Geo. W. Smith & Co.Supreme Court of Pennsylvania · 1922
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