Colwell v. Hamilton
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. An amicable action in covenant was entered in the court below by the agreement of the' parties, in which William T. Hamilton and William V. Robinson were plaintiffs, and Stephen Colwell, the plaintiff in error, defendant.
Read the full summary
ERROR to the district court of Allegheny county. An amicable action in covenant was entered in the court below by the agreement of the' parties, in which William T. Hamilton and William V. Robinson were plaintiffs, and Stephen Colwell, the plaintiff in error, defendant. The claim of the plaintiffs below was a balance of the purchase-money of a certain piece or parcel of ground, situate in the city of Pittsburgh, being parcel or part of lots Nos. 401 and 402, according to the original plan of said city, due upon an article of agreement, made between the parties for the sale of the ground,…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The terms of the covenant, on the part of the plaintiffs below, being “ to make and execute to the defendant, his heirs and assigns, a good and sufficient deed for the said piece of ground in fee simple, with general warranty, of a clear title, and free from all incumbrances,” cannot be satisfied merely by the execution and tender of a deed of conveyance containing a covenant to that effect, when a defect in the title or an incumbrance on the estate appears or is shown to exist; because, from the language of the covenant, it is manifest that…
2Cited by5 opinions
- Swayne v. LyonSupreme Court of Pennsylvania · 1871
- Winton v. MorssSupreme Court of Pennsylvania · 1878
- Estate of ReighardSupreme Court of Pennsylvania · 1899
- Mitchell v. SteinmetzSupreme Court of Pennsylvania · 1881
- Schock v. Bankes, Pennsylvania Court of Common Pleas, Schuylkill County1873