Markley v. Swartzlander
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bucks county. This was an ejectment by David Swartzlander against Jacob Markley, to compel the payment of the residue of the purchase money due on a tract of land of 97 acres, sold by the plaintiff to the defendant.
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ERROR to the Common Pleas of Bucks county. This was an ejectment by David Swartzlander against Jacob Markley, to compel the payment of the residue of the purchase money due on a tract of land of 97 acres, sold by the plaintiff to the defendant. The plaintiff, David Swartzlander, had purchased this tract from Joseph Swartzlander in 1820, and the deed (which was recorded in April 1821) contained a reservation to Joseph of “ a free and uninterrupted right and privilege at all times of passing and repassing with wagons, carts, or in any other way that may be necessary, along the race and dam on…
1Opinion of the Court
*176The opinion of the Court was delivered by
Sergeant, J.
It is plain, from the evidence in this case, that the real ground of dispute between the parties was whether the plaintiff was bound to give a warranty against the claim of Joseph' Swartzlander, under the reservation in his deed to the plaintiff; and that all the other matters, as to the tender of a deed, on the one side, and of the money on the other, would have been disposed of, could this have been concurred in. But the defendant insisted then, and on the trial, that he was to have a clear title for the premises, freed from all…
2Cases cited2 opinions
- Devling v. WilliamsonSupreme Court of Pennsylvania · 1840
- Perit v. CohenSupreme Court of Pennsylvania · 1839
3Cited by13 opinions
- Felski v. ZeidmanSupreme Court of Pennsylvania · 1924
- Glenn v. Philadelphia & West Chester Traction Co.Supreme Court of Pennsylvania · 1903
- Jackson v. LitchSupreme Court of Pennsylvania · 1870
- Blight v. SchenckSupreme Court of Pennsylvania · 1849
- Smith v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1902
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