McGrew v. Harmon
Supreme Court of Pennsylvania
Appeals, Nos. 365 and 386, Jan. T., 1894, by plaintiff and defendant, from judgment of C. P. Warren Co., Sept. T., 1890, No. 21, for plaintiff for only part of his claim, on trial by court. Assumpsit on general warranty in deed. The following opinion was filed by Noyes, P. J.: “ By stipulation of the parties, trial by jury in this case was waived, and the ease submitted to the court under the act of assembly.
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Appeals, Nos. 365 and 386, Jan. T., 1894, by plaintiff and defendant, from judgment of C. P. Warren Co., Sept. T., 1890, No. 21, for plaintiff for only part of his claim, on trial by court. Assumpsit on general warranty in deed. The following opinion was filed by Noyes, P. J.: “ By stipulation of the parties, trial by jury in this case was waived, and the ease submitted to the court under the act of assembly. “ The plaintiff claims to recover damages for breach of the covenant of warranty contained in a deed from the defendant to one from whom the plaintiff derived title. “ The material facts…
1Opinion of the Court
MCGEEW’S APPEAL.
Opinion by
Me. Justice Dean,
After a careful examination of the assignments of error, on this appeal of James McGrew, we are of opinion the learned judge of the court below, in his findings of fact and conclusions of law, committed no error. On the testimony, the court found there was no eviction of Warner by title paramount, from more than one half the land; that, for all that appears, he could have remained in undisturbed possession of the other half. In view of this finding of fact, to have held that the entry of Wentworth was constructively an entry for himself *125and tenants…
2Cited by4 opinions
- Strong v. NesbittSupreme Court of Pennsylvania · 1920
- Trexler v. AfricaSuperior Court of Pennsylvania · 1910
- Wright v. PhippsU.S. Circuit Court for the District of Eastern New York · 1898
- Chambers v. ReinholdSuperior Court of Pennsylvania · 1907