Drinker v. Byers
Supreme Court of Pennsylvania
Wbit of error to the Common Pleas of Centre county. This was a scire facias upon a mortgage, at the suit of Thomas Stewartson, surviving executor of Henry Drinker, against Jacob Byers, with notice to a terre-tenant. Issue was joined upon the plea of payment with leave, &e.
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Wbit of error to the Common Pleas of Centre county. This was a scire facias upon a mortgage, at the suit of Thomas Stewartson, surviving executor of Henry Drinker, against Jacob Byers, with notice to a terre-tenant. Issue was joined upon the plea of payment with leave, &e. The mortgage upon which the suit was brought was given to secure the purchase money of land sold by Drinker to Byers, for which a deed of conveyance was executed and delivered, the 20th of February, 1793, .and which contained a clause of special warranty. The defendant, to support the issue on his part, offered in evidence…
1Opinion of the Court
The opinion of the court was delivered by
linNNNDV, J.
The only question which arises in this cause is, whether the agreement of indemnity executed by Henry Drinker, on the 31st of January, 1793, a few days before he executed the deed of conveyance, with special warranty for the lands, to the defendant, was extinguished by the defendant’s acceptance of a deed af-terwards, on the 20th of February following.
It has been contended by the counsel for the plaintiff, that as the promise of indemnity of the 31st of January, 1793, was collateral to the purchase of the lands, and as deeds of conveyance…
2Cases cited6 opinions
- Seitzinger ex rel. Drinkel v. WeaverSupreme Court of Pennsylvania · 1829
- Crotzer v. RussellSupreme Court of Pennsylvania · 1822
- Bailey v. SnyderSupreme Court of Pennsylvania · 1835
- Share v. AndersonSupreme Court of Pennsylvania · 1821
- Brown v. MoorheadSupreme Court of Pennsylvania · 1822
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