Birchfield v. Castleman
Pennsylvania Court of Common Pleas, Alleghany County
An action of covenant on a conveyance from Castleman to Redden, of all right and title in seventy acres of land, for 70l. dated 13th January, 1781, with a warranty against all claiming by improvement. The land is near Pittsburgh, and was then in Westmoreland county.
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An action of covenant on a conveyance from Castleman to Redden, of all right and title in seventy acres of land, for 70l. dated 13th January, 1781, with a warranty against all claiming by improvement. The land is near Pittsburgh, and was then in Westmoreland county. The plaintiff produced a copy of an ejectment for this land, brought in Westmoreland county court to July term, 1781, by William Boniface against Redden; in which, after issue joined, and a rule for trial, there was a judgment nisi, at April term, 1785; and an habere facias possessionem and fieri facias for 3l. 16s. 11 d. costs…
1Opinion of the Court
President.
If Castleman had notice, he was bound by his agreement, to defend the ejectment, and if he did not, he must take the consequences of the recovery against Redden. Though Redden was to pay half the costs, I see no reason rising out of this evidence, as now given, to prevent his recovering damages now. If the costs of the ejectment were meant, it seems he has paid them all. If the expences of Castleman in defending were meant, he only could ascertain them; and he ought to have ascertained and demanded them. Until he do this, Redden is in no default; and of doing this we have no…
2Cases cited1 opinion
- Gavigan v. CraryDistrict Court, D. Alaska · 1905
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