Collingwood v. Irwin
Supreme Court of Pennsylvania
WRIT of error to the common pleas of Alleghany county. The defendant in error, Francis Irwin, was the plaintiff in the court below, and brought this action against the plaintiff in error, Thomas Collingwood, for a breach of covenant of warranty of title to a tract of land, which the latter had sold and conveyed to the former, by his deed bearing date the 29th of February 1820, and containing a covenant of general warranty.
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WRIT of error to the common pleas of Alleghany county. The defendant in error, Francis Irwin, was the plaintiff in the court below, and brought this action against the plaintiff in error, Thomas Collingwood, for a breach of covenant of warranty of title to a tract of land, which the latter had sold and conveyed to the former, by his deed bearing date the 29th of February 1820, and containing a covenant of general warranty. The plaintiff below, on the trial, after giving in evidence the deed just mentioned, gave also in evidence the record of an action of ejectment brought against him , by…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The offer of the plaintiff in error was to prove three distinct and several propositions, which will be considered separately.
The first was to prove in effect by oral testimony, that at the time hf executing the deed upon which this suit is founded, it was agreed between the parties in this case, that the judgment against Carson, previously assigned by Collingwood to Irwin, should be Irwin’s only security for the title and his enjoyment of the land under it; and that Collingwood was not to be liable to Irwin upon his covenant of general…
2Cases cited1 opinion
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