Cathcart v. Bowman
Supreme Court of Pennsylvania
In error from the Common Pleas of Clearfield. May 28. This was an action of covenant, in which the plaintiff declared that defendant had sold and conveyed certain lands to the plaintiff, by articles of agreement and deeds indented, and by the covenants of the said defendant, he did then and there covenant, grant, and agree to and with the said plaintiff, his heirs and assigns, that he, the said defendant, “was seised of an indefeasible estate in fee-simple, freed from…
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In error from the Common Pleas of Clearfield. May 28. This was an action of covenant, in which the plaintiff declared that defendant had sold and conveyed certain lands to the plaintiff, by articles of agreement and deeds indented, and by the covenants of the said defendant, he did then and there covenant, grant, and agree to and with the said plaintiff, his heirs and assigns, that he, the said defendant, “was seised of an indefeasible estate in fee-simple, freed from encumbrance done or suffered by Mm, the said defendant, and also for quiet enjoyment against Mm the said defendant, Ms heirs…
1Opinion of the CourtGibson, C. J.
The direction was entirely proper as regards the right to recover. The words grant, bargain, and sell, created a covenant which was broken the instant the instrument was delivered; and this, irrespective of fraud, misrepresentation, or notice of the encumbrance. A vendee may take a covenant against a known defect in the title; and for the reason that he has thought proper to rely on it as his security, he cannot detain any part of the purchase-money to answer it. But the direction was incorrect, in one respect, as to the damages. The measure was the value of the timber, not to the purchaser…
2Cited by15 opinions
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Kreinbring v. MathewsOregon Supreme Court · 1916
- Stuhr v. ButterfieldSupreme Court of Iowa · 1911
- Lipsie v. DickeySupreme Court of Pennsylvania · 1953
- Little v. ThroppSupreme Court of Pennsylvania · 1914
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