Strong v. Nesbitt
Supreme Court of Pennsylvania
Appeal, No. 52, Jan. T., 1920, by plaintiffs, from order of C. P. Luzerne Co., Dec. T., 1911, No. 199, sustaining exceptions to' referee’s report, in case of Elizabeth D. Wilson Strong and May D. Strong, Executors of Theodore Strong, deceased, v. Abram Nesbitt. Assumpsit to recover purchase price and interest because of breach of covenant of general warranty com tained in deed for coal.
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Appeal, No. 52, Jan. T., 1920, by plaintiffs, from order of C. P. Luzerne Co., Dec. T., 1911, No. 199, sustaining exceptions to' referee’s report, in case of Elizabeth D. Wilson Strong and May D. Strong, Executors of Theodore Strong, deceased, v. Abram Nesbitt. Assumpsit to recover purchase price and interest because of breach of covenant of general warranty com tained in deed for coal. The case was referred to Joseph D. Coons, Esq., as referee, who reported in favor of plaintiffs. The court in an opinion by Fuller, P. J., sustained the exceptions to the report of the referee, and entered…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Prior to July 2,1888, the Commonwealth had patented and conveyed to certain unnamed parties all the land abutting on an unopened but certified public road in Luzerne County; and on that date patented and conveyed the land in the bed of the road to one James P. Weller; the public and professional opinion then being that the abutting owners had no title to the land in the bed of such roads. On January 25,1882, for a consideration of $2,411 then paid to him, defendant, who had acquired title to four acres and three perches of the *296Weller tract, conveyed them to…
2Cases cited5 opinions
- Little v. ThroppSupreme Court of Pennsylvania · 1914
- Knepper v. KurtzSupreme Court of Pennsylvania · 1868
- Stewart v. WestSupreme Court of Pennsylvania · 1850
- McGrew v. HarmonSupreme Court of Pennsylvania · 1894
- Hines v. Kingston Coal Co.Supreme Court of Pennsylvania · 1898
3Cited by6 opinions
- Derrickheim Co. v. BrownSuperior Court of Pennsylvania · 1982
- Herbert v. Northern Trust Co.Supreme Court of Pennsylvania · 1921
- Campbell v. Latona Building & Loan Ass'nSuperior Court of Pennsylvania · 1927
- Epstein v. Van Gilder, Pennsylvania Court of Common Pleas, Lehigh County1957
- Lindner v. Leipold, Pennsylvania Court of Common Pleas, Washington County1924
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