Withers v. Baird
Supreme Court of Pennsylvania
THIS was an action of covenant instituted in the district court of Lancaster county, to recover the price of a tract of land secured by articles of agreement, in which Baird the plaintiff had contracted to execute “ a good and lawful conveyance clear of all incumbrances,” which, in another part of the articles, was explained to mean, “ only a warranty deed subject to all the demands of the commonwealth.” It was not disputed that the covenants were mutual and dependent.
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THIS was an action of covenant instituted in the district court of Lancaster county, to recover the price of a tract of land secured by articles of agreement, in which Baird the plaintiff had contracted to execute “ a good and lawful conveyance clear of all incumbrances,” which, in another part of the articles, was explained to mean, “ only a warranty deed subject to all the demands of the commonwealth.” It was not disputed that the covenants were mutual and dependent. The plaintiff had made a verbal exchange of six acres of the land for four, with one Baxter; and it was covenanted that these…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, J.
1 see no necessity for a special authority from Baxter to tender his deed. Delivery of it to the plaintiff below, with knowledge of the purpose to be effected by it, was sufficient to make it an escrow ; and the plaintiff, who was bound to make the title, was the person to tender it. But the acknowledgement was palpably insufficient to bar the dower of Baxter’s wife. The office of a magistrate in respect to private examination, is a judicial and a delicate one. Entrusted with the business of inspecting the wife’s knowledge and will, he should…
2Cited by26 opinions
- Lee v. MurphyCalifornia Supreme Court · 1897
- People ex rel. Munson v. BartelsIllinois Supreme Court · 1891
- Dwight v. CutlerMichigan Supreme Court · 1855
- Stevens v. HamptonSupreme Court of Missouri · 1870
- Green v. AbrahamSupreme Court of Arkansas · 1884
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