Legal Opinion

Carr v. Lowry's Administratrix

Supreme Court of Pennsylvania

Decided July 1, 1856PublishedCited by 4 opinions

Error,' to the Common Pleas of Orawford county. This was an action of covenant brought by Minor T. Carr against Sarah Lowry, administratrix of the estate of S. B. Lowry deceased, upon a sealed contract made May 22, 1844, between plaintiff and the intestate. The plaintiff, for a certain consideration, granted to the intestate, his heirs and assigns, the privilege of making and continuing in use through a lot of land belonging to plaintiff a tail race for a mill.

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Error,' to the Common Pleas of Orawford county. This was an action of covenant brought by Minor T. Carr against Sarah Lowry, administratrix of the estate of S. B. Lowry deceased, upon a sealed contract made May 22, 1844, between plaintiff and the intestate. The plaintiff, for a certain consideration, granted to the intestate, his heirs and assigns, the privilege of making and continuing in use through a lot of land belonging to plaintiff a tail race for a mill. Lowry for himself, his heirs and assigns, covenanted to keep the tail race timbered, planked, and covered over with earth, and to pay…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, J.

This claim is entirely set aside by the principle ot Bland’s Administrators v. Umstead, 11 Harris 316. In the covenant sued on, Lowry binds only his heirs and assigns after himself; and very properly so, for. he was defining and contracting for the duties that ought to be performed by whoever should be owner of the mill. We cannot presume that he intended to bind his personal representatives to such duties. In the natural order of affairs they accompany the ownership of the property to which they relate, and therefore; in the present case,…

2Cited by4 opinions

  1. Murphy v. KerrDistrict Court, D. New Mexico · 1923
  2. Murphy v. KerrCourt of Appeals for the Eighth Circuit · 1925
  3. Goldberg v. NicolaSupreme Court of Pennsylvania · 1935
  4. Horn v. Miller, Pennsylvania Court of Common Pleas, Bedford County1890

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