Herbert v. Northern Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 44, Jan. T., 1921, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1916, No. 2453, on yerdict for plaintiff, in case of Townsend Herbert v. Northern Trust Co., Adm’r c. t. a., of estate of George Kunzmann, deceased. Assumpsit for breach of general warranty in deed. Before Patterson, J. The opinion of the Supreme Court states the facts. Yerdict and judgment for plaintiff for $2,590.83. Defendant appealed.
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Appeal, No. 44, Jan. T., 1921, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1916, No. 2453, on yerdict for plaintiff, in case of Townsend Herbert v. Northern Trust Co., Adm’r c. t. a., of estate of George Kunzmann, deceased. Assumpsit for breach of general warranty in deed. Before Patterson, J. The opinion of the Supreme Court states the facts. Yerdict and judgment for plaintiff for $2,590.83. Defendant appealed. Errors assigned were various rulings and instructions, appearing by the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
George Kunzmann purchased at sheriff’s sale, in 1897, three tracts of land, located on Rhode Island avenue, in Atlantic City. At that time, two of the lots, numbers 6 and 8, were subject to a mortgage, which had been held formerly by Townsend Herbert, but assigned, in 1893, to one Ringe. On August 31,1897, Kunzmann conveyed, by deed of general warranty, the three tracts to Townsend Herbert, the present plaintiff. He later conveyed lot number 8 to Julia Herbert, who in turn conveyed to Charles F. Wahl, who sold to Harper B. Smith. Subsequently, in 1912, a decree of…
2Cases cited14 opinions
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