Brown v. Dickerson
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. Jan. 11. In 1821, J. Dickerson, the elder, being seised of certain premises in fee, mortgaged them to the Contributors of the Pennsylvania Hospital. In 1831 he conveyed the same premises to J. Dickerson, the younger, in fee, reserving a ground-rent, by a deed in the usual •form.
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In error from the District Court of Philadelphia. Jan. 11. In 1821, J. Dickerson, the elder, being seised of certain premises in fee, mortgaged them to the Contributors of the Pennsylvania Hospital. In 1831 he conveyed the same premises to J. Dickerson, the younger, in fee, reserving a ground-rent, by a deed in the usual •form. In this deed there was a covenant by the grantor with the grantee and his assigns, that he and they, paying the rent, &c., “shall and may at all times hereafter freely, peaceably, and quietly have, hold, and enjoy all and singular the premises hereby granted, with the…
1Opinion of the Court
March 4.
Burnside, J.
It is true that the covenant for quiet enjoyment goes more particularly to the possession than to the title. Hence, to have a breach of it ordinarily, it is necessary to give evidence of an entry upon the grantee, or of expulsion from *374the premises, or some actual disturbance of the possession: 2 Sug. on Vendors, 514-522, 10th ed.; by reason of some adverse right existing at the making of the covenant, not of one subsequently acquired: Ellis v. Welsh, 6 Mass. 246. Proof of the demand of possession on a superior right will not be deemed sufficient on which to found the…
2Cases cited3 opinions
- Bender v. FrombergerSupreme Court of the United States · 1806
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
- Davenport v. BartlettSupreme Court of Alabama · 1846
3Cited by7 opinions
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
- Doyle v. BrundredSupreme Court of Pennsylvania · 1899
- Williams v. O'DonnellSupreme Court of Pennsylvania · 1909
- Wilson v. SaleSuperior Court of Pennsylvania · 1910
- Tyson v. EyrickSupreme Court of Pennsylvania · 1891
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