Stafford v. Giles
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS OF FAYETTE COUNTY. No. 346 January Term 1890, Sup. Ct.; court below, No. 26 March Term 1886, C. P. On December 15, 1885, James Stafford and Worth Kilpatrick brought covenant against Thomas Giles on the defendant’s covenant of general warranty contained in a deed by him to the plaintiffs. Subsequently, the death of Thomas Giles was suggested and Rebecca Giles, his administratrix, was substituted upon the record as defendant.
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APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS OF FAYETTE COUNTY. No. 346 January Term 1890, Sup. Ct.; court below, No. 26 March Term 1886, C. P. On December 15, 1885, James Stafford and Worth Kilpatrick brought covenant against Thomas Giles on the defendant’s covenant of general warranty contained in a deed by him to the plaintiffs. Subsequently, the death of Thomas Giles was suggested and Rebecca Giles, his administratrix, was substituted upon the record as defendant. Issue. The facts are sufficiently set forth in the following charge to the jury, Ewing, J.: This case arises out of a…
1Per curiam
In this action of covenant on the general warranty contained in the deed of defendant’s intestate to plaintiffs, the defence was that the vendor did not intend to convey, nor did plaintiffs suppose they were buying, the seven-foot vein of coal underlying the land described in the deed; that the coal had been sold and conveyed by a former owner of the land, and, by mutual mistake of defendant’s intestate and the plaintiffs, a clause, excepting said coal from the operation of the deed, was omitted therefrom. Evidence was introduced for the purpose of proving these facts, and the sole question…
2Cited by1 opinion
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