Cross v. Noble
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Butler county: Of October and November Term 1870, No. 124. On the 6th of February 1867, a judgment was entered in tbe Court of Common Pleas of Butler county in favor of Catharine Gr. Noble, wife of Daniel D. Noble, against John Cross, for $600 on a bond with warrant of attorney. The bond was given for part of tbe purchase-money of a tract of land belonging to Mrs. Noble.
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Error to tbe Court of Common Pleas of Butler county: Of October and November Term 1870, No. 124. On the 6th of February 1867, a judgment was entered in tbe Court of Common Pleas of Butler county in favor of Catharine Gr. Noble, wife of Daniel D. Noble, against John Cross, for $600 on a bond with warrant of attorney. The bond was given for part of tbe purchase-money of a tract of land belonging to Mrs. Noble. On the 26th of January 1867, an agreement was made by Mrs. Noble and her husband with tbe defendant in tbe judgment, to sell him tbe land for $2300, of which $1700 were to be paid on tbe…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
The three assignments of error, grounded upon exceptions to the charge and the answers of the learned judge below to the 2d and 3d points of the defendants, depend upon a single question: Whether, when a deed has been delivered containing no covenants, and the vendee has taken possession, he can defend against an action for the unpaid purchase-money by showing a defect in the vendor’s title ? It must be conceded that Mrs. Noble being a married woman when she executed the article and the deed, was not personally bound by any covenant…
2Cases cited1 opinion
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