Memmert v. McKeen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of July Term, 1885, No. 79. Covenant brought by William Memmert and Babetta, his wife, in right of said wife, against Henry McKeen, to recover damages for a breach of covenant against incumbrances in a deed of conveyance. Pleas, non est factum,, non infregit eonventione, covenants performed, covenants performed absque hoc.
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Error to the Court of Common Pleas of Northampton county: Of July Term, 1885, No. 79. Covenant brought by William Memmert and Babetta, his wife, in right of said wife, against Henry McKeen, to recover damages for a breach of covenant against incumbrances in a deed of conveyance. Pleas, non est factum,, non infregit eonventione, covenants performed, covenants performed absque hoc. The following áre the facts of the case as they'appeared on the trial before Reeder, J.: ■By deed, dated December' 22d, 186.4, Thomas McKeen and' wife conveyed to Henry McKeen, the defendant, certain premises upon…
1Opinion of the CourtJustice Paxson
*320The deed from Henry McKeen to Babétta Memmert contained the usual clause of special warranty, as also the words “doth grant, bargain, sell,” &c. By the sixth section of the Act of 28th May, 1715, it is provided that “ all deeds to be recorded in pursuance of this Act, whereby any estate of inheritance in fee simple shall hereafter be limited to the grantee or his heirs, the words grant, bargain, and sell, shall be adjudged an express covenant to the grantee, his heirs and assigns, to wit, that the grantor was seised of an indefeasible estate in fee simple, freed from incumbrances done or…
2Cases cited1 opinion
- Patterson v. ArthursSupreme Court of Pennsylvania · 1839
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