Swayne v. Lyon
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 207, to July Term 1870. * This was an amicable action of covenant between Edward Lyon, plaintiff, and Franklin Swayne, defendant, filed June 29th 1870i The following facts were agreed on in a case stated in the action. On the 11th of February 1865, Sarah II.
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Error to the District Court of Philadelphia: No. 207, to July Term 1870. * This was an amicable action of covenant between Edward Lyon, plaintiff, and Franklin Swayne, defendant, filed June 29th 1870i The following facts were agreed on in a case stated in the action. On the 11th of February 1865, Sarah II. Jermon, the wife of J. Wagner Jermon, was the owner of a lot of ground at the corner of Broad and Oxford streets, Philadelphia; about that time she contracted with William A. Arnold for various articles for the. improvement of the buildings on the lot. On the 2d of February 1867, Arnold…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
It has been well and wisely settled that under a contract for,the sale of real estate, the vendee has the right not merely to have conveyed to him a good but an indubitable title. Only such a title is deemed marketable; for otherwise the purchaser may be buying a lawsuit, which will be a very serious loss to him both of time and money, even if he ultimately succeeds. Hence it has been often held that a title is not marketable where it exposes the party holding it to litigation : Ludwick v. Huntzinger, 5 W. & S. 51; Bumberger v.…
2Cases cited5 opinions
- Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
- Ludwick v. HuntzingerSupreme Court of Pennsylvania · 1842
- Sherk v. EndressSupreme Court of Pennsylvania · 1842
- Grasser v. EckartSupreme Court of Pennsylvania · 1809
- Colwell v. HamiltonSupreme Court of Pennsylvania · 1840
3Cited by28 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Buchan v. German American Land Co.Supreme Court of Iowa · 1917
- Moyer v. Devincentis Con. Co.Superior Court of Pennsylvania · 1932
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