Shaw v. Galbraith
Supreme Court of Pennsylvania
In error from the Common Pleas of Washington. Oct. 29. Ejectment. Shaw, the plaintiff, showed a lease for life to himself from Galbraith, the elder, dated Aug. 12,1846, which it was provided should have no effect upon a conveyance to Shaw in 1837. The defendants showed a deed by Galbraith, the elder, dated July 2, 1838, conveying to Galbraith, the younger, (the words “his heirs and assigns” not being in the granting clause of the deed, or in the habendum,) the property in…
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In error from the Common Pleas of Washington. Oct. 29. Ejectment. Shaw, the plaintiff, showed a lease for life to himself from Galbraith, the elder, dated Aug. 12,1846, which it was provided should have no effect upon a conveyance to Shaw in 1837. The defendants showed a deed by Galbraith, the elder, dated July 2, 1838, conveying to Galbraith, the younger, (the words “his heirs and assigns” not being in the granting clause of the deed, or in the habendum,) the property in dispute in consideration of one dollar, and the payment of $30 per annum to the grantor and his wife during their lives.…
1Opinion of the CourtRogers, J.
In the text-books of the law, Co. Litt. 385 b; 1 Shep. T., Prest, ed. 182, it is thus laid down: “Neither lineal nor collateral warranty can enlarge an estate; and, therefore, if a lessor by deed release to his lessee for life, and warrant the land to him and his heirs, this doth not make his estate greater, neither will it bar titles of entry or actions in cases of mortmain, consent to a ravisher, (condition on a) mortgage, or dower.” Now, granting on this authority, that, in this deed, a life-estate only is granted, and that the subsequent warranty, or covenant, does not enlarge the estate,…
2Cases cited2 opinions
- Jackson ex dem. Thurman v. BradfordNew York Supreme Court · 1830
- M'Williams v. NislySupreme Court of Pennsylvania · 1816
3Cited by3 opinions
- Waslee v. RossmanSupreme Court of Pennsylvania · 1911
- Commonwealth v. BierlySuperior Court of Pennsylvania · 1908
- Stoffa Estate, Pennsylvania Court of Common Pleas, Luzerne County1977