Baker v. M'Dowell
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Huntingdon county. Samuel M’Dowell against Elias Baber and Roland Diller. This was an action of trover and conversion, to recover the price of the one-half of 291 tons of iron ore.
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ERROR to the Common Pleas of Huntingdon county. Samuel M’Dowell against Elias Baber and Roland Diller. This was an action of trover and conversion, to recover the price of the one-half of 291 tons of iron ore. Andrew Henderson being seised of a tract of land, conveyed the same in fee to Thomas Blair, with the following reservation: “Excepting and reserving thereout to Andrew Henderson, his heirs and assigns, for ever, the one-half of all iron ore found, and to be found, in and upon the said premises; together with the right and privilege to enter in and upon the said premises, and every part…
1Opinion of the Court
*360The opinion of the Court was delivered by
Gibson, C. J.
— The deed which gives rise to the question is a conveyance of the land, together with “ the rights, liberties, privileges, immunities, hereditaments, and appurtenances;” and the “ reversions, rents, issues, and profits, thereof; and all the estate, right, title and interest” of the grantors: whence the Judge who tried the cause seems to have thought that it was necessary for them, in order to save themselves from being implicated in a breach of their warranty, to restrain the general terms of the grant by repeating, in the habendum, the…
2Cited by4 opinions
- Harris v. CobbWest Virginia Supreme Court · 1901
- Shoenberger v. LyonSupreme Court of Pennsylvania · 1844
- Adams v. Osage Tribe of IndiansCourt of Appeals for the Tenth Circuit · 1932
- Harris v. CobbWest Virginia Supreme Court · 1901