Lehman v. Paxton
Superior Court of Pennsylvania
Appeal, No. 12, March T., 1898, by defendant, from judgment of C. P. Cumberland Co., Aug. T., 1895, on verdict for plaintiff. Assumpsit. Before E. W. Biddle, P. J. It appears from the record that plaintiff purchased from defendant certain mountain land in Cumberland county. Under the written agreement for the sale of the land the defendant covenanted to convey clear of all incumbrance.
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Appeal, No. 12, March T., 1898, by defendant, from judgment of C. P. Cumberland Co., Aug. T., 1895, on verdict for plaintiff. Assumpsit. Before E. W. Biddle, P. J. It appears from the record that plaintiff purchased from defendant certain mountain land in Cumberland county. Under the written agreement for the sale of the land the defendant covenanted to convey clear of all incumbrance. After the execution of the deed certain unpaid purchase money due the commonwealth amounting to $322.66, with interest at the date of the trial amounting to $161, was discovered, which unpaid purchase money was…
1Opinion of the Court
Opinion by
Porter, J.,
The defendant entered into a sealed written agreement with the plaintiff to convey a fee simple title to a certain tract of land for a price named, “ clear of all incumbrances.” Pursuant thereto, a deed was executed and delivered between the parties. Subsequently the grantee was compelled to pay a lien filed for unpaid purchase money, due the commonwealth. This suit raises the question whether the grantee can recover from the grantor, the amount so paid.
The court below directed a verdict for the plaintiff, on the ground that tbe stipulation contained in the agreement of…
2Cases cited5 opinions
- Close v. ZellSupreme Court of Pennsylvania · 1891
- McGowan v. Bailey, Pennsylvania Court of Common Pleas, Alleghany County1892
- Selden v. WilliamsSupreme Court of Pennsylvania · 1839
- Cox's Administrators v. HenrySupreme Court of Pennsylvania · 1858
- Neil v. ThompsonSupreme Court of Pennsylvania · 1835
3Cited by14 opinions
- Carsek Corp. v. Stephen Schifter, Inc.Supreme Court of Pennsylvania · 1968
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Stewart v. TrimbleSuperior Court of Pennsylvania · 1901
- Bodine v. Wayne Title & Trust Co.Superior Court of Pennsylvania · 1907
- Dintenfass v. GreenbergSupreme Court of Pennsylvania · 1935
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