Anderson's Administrators v. Washabaugh
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. This was a scire facias to revive a judgment which had been entered against William Anderson in his lifetime, in favour of Daniel Washabaugh. The scire facias was against Lemuel Anderson and Lewis Anderson, administrators, &c., of deceased, with notice to his widow and heirs. The material facts of the case were these :— On the 2d of October 1792, a warrant issued to Mary Foster for about 50 acres of land, in Bedford county.
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Error to the Common Pleas of Bedford county. This was a scire facias to revive a judgment which had been entered against William Anderson in his lifetime, in favour of Daniel Washabaugh. The scire facias was against Lemuel Anderson and Lewis Anderson, administrators, &c., of deceased, with notice to his widow and heirs. The material facts of the case were these :— On the 2d of October 1792, a warrant issued to Mary Foster for about 50 acres of land, in Bedford county. A survey on this warrant was returned and accepted in 1821. On the 16th November 1828, Mary Foster made her last will, in…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The plaintiffs in error mistake in treating this case as if it were an action to recover damages for a breach of some one of the five ordinary “ covenants jfcor title.” The extent of the liability of Anderson’s estate is to be measured by the conditions of his bond. They imposed upon him greater obligations than he would have assumed had he merely covenanted for the quiet enjoyment of the land conveyed. Had he done no more than enter into such a covenant, there could have been no recovery against him prior to an eviction of Washabaugh, and…
2Cited by8 opinions
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- Novice v. AlterSupreme Court of Pennsylvania · 1927
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