Legal Opinion

Patton v. McFarlane

Supreme Court of Pennsylvania

Decided June 15, 1832PublishedCited by 1 opinion

Writ o,f error to the Special Court of Centre county. This was, an action of covenant, by James McFarlane against Samuel Patton^ upon a general warranty, contained in a deed of conveyance of a tract of land by Patton to, McFarlane, and the breach of the covenant laid in the plaintiff’s declaration was, that the purchase money due to the Commonwealth had not been paid, and was an incumbrance upon the land, which McFarlane was obliged to pay, and did pay, to the amount of two…

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Writ o,f error to the Special Court of Centre county. This was, an action of covenant, by James McFarlane against Samuel Patton^ upon a general warranty, contained in a deed of conveyance of a tract of land by Patton to, McFarlane, and the breach of the covenant laid in the plaintiff’s declaration was, that the purchase money due to the Commonwealth had not been paid, and was an incumbrance upon the land, which McFarlane was obliged to pay, and did pay, to the amount of two hundred and thirty-thr.ee dollars and thirty cents, in order to obtain a patent The defence was, that inasmuch as the…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy J.

Samuel Patton, the plaintiff in error, by his deed bearing date the 24th of July, 1821, conveyed in fee simple to James M’ Farlane, the defendantin error, 200 acres and eighty five perches of land, with a covenant of general warranty. Patton held the land under a location and survey in the name of William Cochrane, but had never paid to the Commonwealth the purchase money due to her, which was a charge upon the land, and obtained á patent for it.

Upon the 10th of September, 1821, M’Farlane paid to the Commonwealth two hundred and twenty-eight…

2Cases cited10 opinions

  1. Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
  2. Greenby v. WilcocksNew York Supreme Court · 1806
  3. Vanderkarr v. VanderkarrNew York Supreme Court · 1814
  4. Bearce v. JacksonMassachusetts Supreme Judicial Court · 1808
  5. Kent v. WelchNew York Supreme Court · 1810

5 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. McLennan v. PrenticeWisconsin Supreme Court · 1893

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