Williams v. O'Donnell
Supreme Court of Pennsylvania
Appeal, No. 283, Jan. T., 1908, by plaintiff, from order of C. P. Warren Co., March T., 1908, No. 21, discharging rule for judgment for want of a sufficient affidavit of defense in case of Christopher L. Williams, Receiver of Fredonia National Bank of Fredonia, N. Y., v. Edward O’Donnell et al. Assumpsit for breach of covenant of general warranty in a deed of real estate. Before Lindsey, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 283, Jan. T., 1908, by plaintiff, from order of C. P. Warren Co., March T., 1908, No. 21, discharging rule for judgment for want of a sufficient affidavit of defense in case of Christopher L. Williams, Receiver of Fredonia National Bank of Fredonia, N. Y., v. Edward O’Donnell et al. Assumpsit for breach of covenant of general warranty in a deed of real estate. Before Lindsey, P. J. The opinion of the Supreme Court states the case. The court discharged the rule for judgment for want of a sufficient affidavit of defense. Error assigned was order discharging rule for judgment for…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This was an action to recover upon a breach of a general covenant of warranty contained in the deed of conveyance from the appellees, Edward O’Donnell, George H. Higgins, and O. C. Allen, to one Frank W. Tarbox, dated April 17,1890. The covenant was in the usual form and need not be here recited. The deed contained also the customary words “grant, bargain and sell.” By certain intermediate conveyances the title to the property so conveyed became vested in the Fredonia National Bank, April 7, 1894. Prior to the conveyance from O'Donnell, Higgins and Allen,…
2Cases cited1 opinion
- Brown v. DickersonSupreme Court of Pennsylvania · 1849
3Cited by8 opinions
- E. B. Germany v. J. B. TurnerTexas Supreme Court · 1939
- Herbert v. Northern Trust Co.Supreme Court of Pennsylvania · 1921
- Litmans v. O'DONNELLSuperior Court of Pennsylvania · 1953
- Knight v. Cox, Lee, FallNew Mexico Supreme Court · 1926
- Lindner v. Leipold, Pennsylvania Court of Common Pleas, Washington County1924
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