Peters v. Grubb
Supreme Court of Pennsylvania
Ebbob, to the Common Pleas of l)aupliin county. This case, in the Conrt helow, was an action of replevin to August Term, 1850, by Clement B. Grubb and Robert B. Cabeen v. Abraham Peters and Jacob H. Gamber, for 100 tons of pig metal and 1000 tons of iron ore, which had been distrained upon under a warrant executed by Peters and Gamber. The taking was avowed, and it was replied that there was no rent in arrear. Bent to the amount of $800 was claimed.
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Ebbob, to the Common Pleas of l)aupliin county. This case, in the Conrt helow, was an action of replevin to August Term, 1850, by Clement B. Grubb and Robert B. Cabeen v. Abraham Peters and Jacob H. Gamber, for 100 tons of pig metal and 1000 tons of iron ore, which had been distrained upon under a warrant executed by Peters and Gamber. The taking was avowed, and it was replied that there was no rent in arrear. Bent to the amount of $800 was claimed. The Swatara was declared a public highway in 1771. After-wards, James Hamilton built a grist-mill on the Swatara, near its mouth, on what is now…
1Opinion of the Court
The opinion of the Court was delivered, by
Knox, J.
— Upon a careful examination of this record, we are satisfied that the cause was properly tried by the Court below, and that the errors assignee^ have not been sustained. The covenant in the lease is alike for quiet enjoyment and of warranty, and must be held to embrace all existing antagonistical claims, whether upon the part of the Commonwealth or of private persons.
Had the original entry of the state, under her right of eminentdomain, been subsequent to the date of the lease, the case of Dobbins v. Brown, 2 Jones 75, so much relied upon by…
2Cited by4 opinions
- Berger v. WeinsteinSuperior Court of Pennsylvania · 1916
- Hastings v. BurchfieldSuperior Court of Pennsylvania · 1905
- Pabst Brewing Co. v. ThorleyCourt of Appeals for the Second Circuit · 1906
- Morris v. Connellan, Pennsylvania Court of Common Pleas, Delaware County1935