Scott v. Scott
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: No. 130, to October and November Term 1871. This was an action of covenant by John W. Scott against Abner Scott, executor, &c., of John Scott, deceased, with notice to Nancy Holliday and others, devisees and heirs of John Scott.
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Error to the Court of Common Pleas of Erie county: No. 130, to October and November Term 1871. This was an action of covenant by John W. Scott against Abner Scott, executor, &c., of John Scott, deceased, with notice to Nancy Holliday and others, devisees and heirs of John Scott. The declaration set out that John Scott in his lifetime, on the 22d of November 1849, by indenture between him and the plaintiff, did grant, &c., certain real estate (described in the declaration), to the plaintiff in fee, “after the decease of the said John Scott.” The declaration further averred that John Scott did…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Sharswood, J.
We agree entirely with the zealous and able counsel for the defendant in error, who say, in their printed argument, that this case presents a single point: “ Can an action be sustained by John W. Scott against the executor of John Scott, upon the covenant of John Scott, made the 22d day of November 1849, which was broken by John Scott in his lifetime, and fully performed and kept by John W. Scott on his part ?”
The covenant referred to, that upon which this action is based, is contained in an instrument of writing, which,…
2Cases cited1 opinion
- Paul v. WitmanSupreme Court of Pennsylvania · 1842
3Cited by2 opinions
- McCune v. ScottSuperior Court of Pennsylvania · 1901
- White v. Aka, Pennsylvania Court of Common Pleas, Lancaster County1922