Strong v. Brinton
Superior Court of Pennsylvania
Appeal, No. 10, March T., 1916, by plaintiff, from judgment of C. P. Cumberland Co., May T., 1915, No. 478, for defendant on case stated in suit of Roberta Y. Strong v. Martin A. Brinton. Case stated to determine whether a portion of the purchase-money of real estate should be paid by a vendee to the vendor.
Read the full summary
Appeal, No. 10, March T., 1916, by plaintiff, from judgment of C. P. Cumberland Co., May T., 1915, No. 478, for defendant on case stated in suit of Roberta Y. Strong v. Martin A. Brinton. Case stated to determine whether a portion of the purchase-money of real estate should be paid by a vendee to the vendor. Before Sadler, P. J. From the case stated it appeared that on September 22d, Roberta Y. Strong executed an agreement in writing by which she agreed to sell to M. A. Brinton a tract of land containing 111 acres in Lower Allen Township “the title to be good and marketable and satisfactory…
1Opinion of the Court
Opinion by
Henderson, J.,
The contract of September 22, 1914, executed under seal by Roberta Y. Strong, out of which this action arises, contained the following covenant: “the said title to be good and marketable and satisfactory to the said M. A. Brinton, his heirs and assigns and the said land to be clear of all liens and encumbrances.” It must be admitted that the occupancy by the railroad company of that portion of the farm covered by the release of the heirs of.John Strong dated January 28,1891, constitutes an encumbrance. That document not only recognizes a right of way but provides that…
2Cases cited5 opinions
- Memmert v. McKeenSupreme Court of Pennsylvania · 1886
- Evans v. TaylorSupreme Court of Pennsylvania · 1896
- Patterson v. FreihoferSupreme Court of Pennsylvania · 1906
- Barns v. WilsonSupreme Court of Pennsylvania · 1887
- Friend v. Oil Well Supply Co.Supreme Court of Pennsylvania · 1897
3Cited by9 opinions
- Bashford v. West Miami Land Co.Supreme Court of Pennsylvania · 1928
- Ritter v. HillSupreme Court of Pennsylvania · 1924
- Lipsie v. DickeySupreme Court of Pennsylvania · 1953
- McDermott v. ReiterSupreme Court of Pennsylvania · 1924
- Wood v. EvanitzskySuperior Court of Pennsylvania · 1951
4 more not listed; retrieve them via the Exa API.