Paul v. Witman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. This was an action of covenant by John Witman and George Witman, devisees of Bartholomew Witman deceased, and Elizabeth Witman, Catharine Witman and Susannah Witman, heirs of Samuel Witman deceased, who was also a devisee of Bartholomew Witman deceased, by their guardian, Andrew Greiner against John Paul.
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ERROR to the Common Pleas of Dauphin county. This was an action of covenant by John Witman and George Witman, devisees of Bartholomew Witman deceased, and Elizabeth Witman, Catharine Witman and Susannah Witman, heirs of Samuel Witman deceased, who was also a devisee of Bartholomew Witman deceased, by their guardian, Andrew Greiner against John Paul. The action was brought upon a general warranty contained in a deed from John Paul to Bartholomew Witman conveying a tract of land. The plaintiffs averred, in their declaration, that two actions of ejectment, by two of the heirs of Daniel Brubaker,…
1Opinion of the Court
*409The opinion of the Court was delivered by
Rogers, J.
— An eviction by a paramount title is prim&. facie evidence in favour of the warrantee in a suit on the warranty. And if the warrantee takes the precaution to vouch or call in the warrantor to warrant and defend the title, the recovery in ejectment is conclusive. It was on the principle that the warrantor had been vouched, that the court excluded evidence of title in the warrantor at the time of the conveyance. The only doubt is as to the application of the principle. Mr Alricks says, he drew the forms of the notices to Mr Paul before the…
2Cited by16 opinions
- Fowler v. PolingNew York Supreme Court · 1849
- Noble v. Thompson Oil Co. ex rel. BrownSupreme Court of Pennsylvania · 1875
- Gallison v. DowningMassachusetts Supreme Judicial Court · 1923
- Dobbins v. BrownSupreme Court of Pennsylvania · 1849
- Knepper v. KurtzSupreme Court of Pennsylvania · 1868
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