Callan v. Lukens
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1878, No. 157. Covenant sur ground-rent deeds by Reuben Lukens, Jr., against Samuel Callan.
Read the full summary
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1878, No. 157. Covenant sur ground-rent deeds by Reuben Lukens, Jr., against Samuel Callan. The terre-tenant, one Calvert, filed an affidavit of defence, wherein he averred that on the 17th of August 1876, a building agreement was executed by plaintiff, defendant and deponent, wherein title to a property was vested in deponent, subject to certain ground-rents, which had been reserved in a prior conveyance to defendant; that under said agreement, deponent had erected certain houses for which he was to receive…
1Opinion of the Court
The judgment of the Supreme Court was entered March 17th 1879,
Per, Curiam.
We cannot agree with the learned counsel of the defendant in error, that a supplemental affidavit is confined to an explanation of the original and cannot set up a new and different *136defence. Such a course, however, is suspicious and requires that the new defence should be closely scrutinized. The original affidavit in the case before us was evidently drawn by the plaintiff in error, himself, or some unprofessional friend. The defence set up in it was plainly contradicted by the written agreement. The supplemental…
2Cited by7 opinions
- Little v. ThroppSupreme Court of Pennsylvania · 1914
- Wolf v. RosenbachSuperior Court of Pennsylvania · 1896
- Port Kennedy Slag Works v. William Krause & SonsSuperior Court of Pennsylvania · 1897
- Wheatley v. NiedichSuperior Court of Pennsylvania · 1904
- Myers v. KippSuperior Court of Pennsylvania · 1902
2 more not listed; retrieve them via the Exa API.