Patterson v. Stewart
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action of covenant by William Stewart against •James Patterson, in which the only subject of dispute was the measure of damages to which the plaintilf was entitled. The defendant conveyed a lot in Birmingham to the plaintiff, on the 6th September, 1817. Previous to that time an award of arbitrators had been filed against him, which was a lien on the property sold.
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ERROR to the District Court of Allegheny county. This was an action of covenant by William Stewart against •James Patterson, in which the only subject of dispute was the measure of damages to which the plaintilf was entitled. The defendant conveyed a lot in Birmingham to the plaintiff, on the 6th September, 1817. Previous to that time an award of arbitrators had been filed against him, which was a lien on the property sold. And although the defendant had appealed, judgment was afterwards obtained against him in court for a large amount, and the lot in question was levied on and sold with many…
1Per curiam
We think the principle of the District. Court right, and we adopt it. By the breach of a covenant against encumbrances, the purchase money becomes instantly revendicable, with interest, except for any time during which the purchaser may have been in the perception of profits, actual or potential, which could not be recovered from him. In this instance, though the covenant was broken at the sealing of the deed, the conveyance nevertheless vested the exclusive ownership in the purchaser till it was divested by the sale on the encumbrance, and to the profits, in the mean time, the incumbrancer…
2Cited by4 opinions
- Ankeny v. ClarkSupreme Court of the United States · 1893
- Terry's v. DrabenstadtSupreme Court of Pennsylvania · 1871
- Alexander v. BridgfordSupreme Court of Arkansas · 1894
- Tyson v. EyrickSupreme Court of Pennsylvania · 1891