Knepper v. Kurtz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: Of May Term 1868, No. 85. This was an action of covenant by George Knepper, et al., executors, &c., of David Knepper, deceased, against Addie L. Kurtz, administratrix, &c., of James Reed, deceased.
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Error to the Court of Common Pleas of Franklin county: Of May Term 1868, No. 85. This was an action of covenant by George Knepper, et al., executors, &c., of David Knepper, deceased, against Addie L. Kurtz, administratrix, &c., of James Reed, deceased. The writ was issued April 6th 1866. The declaration was on a covenant in a deed, and charged that the defendant’s intestate had covenanted to warrant the title of plaintiffs’ testator against all claims, charges, encumbrances and superior titles; averred the existence of legacies charged on the land under the will of one Stull from whom it was…
1Opinion of the Court
The opinion of the court was delivered, May 20th 1868, by
Sharswood, J.
Nothing appears to be better settled in this state as well as elsewhere than that to maintain an action upon a covenant of general warranty, an actual eviction must be averred and proved. Not indeed that the party need wait to be actually turned out of possession by legal process, for he may surrender when the result is plainly inevitable. In one case it was held that a judgment in ejectment by itself was not sufficient: Paul v. Witman, 3 W. & S. 407. All the cases agree that there must he a change of possession: Clarke v.…
2Cases cited3 opinions
- Seitzinger ex rel. Drinkel v. WeaverSupreme Court of Pennsylvania · 1829
- Paul v. WitmanSupreme Court of Pennsylvania · 1842
- Lessee of Gratz v. EwaltSupreme Court of Pennsylvania · 1809
3Cited by9 opinions
- Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
- Little v. ThroppSupreme Court of Pennsylvania · 1914
- Clark v. SteeleSupreme Court of Pennsylvania · 1917
- Herbert v. Northern Trust Co.Supreme Court of Pennsylvania · 1921
- Litmans v. O'DONNELLSuperior Court of Pennsylvania · 1953
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