Legal Opinion

Taylor v. Smith

Supreme Court of Pennsylvania

Decided April 3, 1837PublishedCited by 3 opinions

Error to the Court of Common Pleas of Chester county. Sarah Taylor, administratrix of the goods, &c. of Ezra Taylor, deceased, brought an action of assumpsit in that court against John Smith, to which the defendant pleaded non assumpsit, non assumpsit infra sex annos, and a special plea of set-off.

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Error to the Court of Common Pleas of Chester county. Sarah Taylor, administratrix of the goods, &c. of Ezra Taylor, deceased, brought an action of assumpsit in that court against John Smith, to which the defendant pleaded non assumpsit, non assumpsit infra sex annos, and a special plea of set-off. On the trial the plaintiff gave .in evidence an instrument of writing signed by John Smith as follows: “ I, John Smith, of the township of East-town, in the county of Chester, yeoman, do hold myself bound to Ezra Taylor, of the township of Upper Providence, in the county of Delaware, for the…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

The obvious intent of the original agreement was that the vendee should pay no more than the balance after payment of the incumbrances; or in the words of the parties, “ all judgments and demands against the estate”—terms large enough to comprehend every thing that was a charge on it. Plow far, then, is their generality controlled by the clause in the conveyance : “ excepting, nevertheless, the aforesaid mentioned and described premisps or piece of land, is subject to a lien or dowership thereon, in favour of Elizabeth Taylor, now…

2Cited by3 opinions

  1. Sheffield Water Co. v. Elk Tanning Co.Supreme Court of Pennsylvania · 1909
  2. Kennedy v. BorieSupreme Court of Pennsylvania · 1895
  3. Equitable Gas Co. v. Smith, Pennsylvania Court of Common Pleas, Greene County1929

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