Dobbins v. Brown
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie. Sept. 27. This was an action of covenant brought by Brown and Williams against Dobbins, upon a covenant of warranty in a deed.
Read the full summary
Error to the Common Pleas of Erie. Sept. 27. This was an action of covenant brought by Brown and Williams against Dobbins, upon a covenant of warranty in a deed. On the trial the plaintiffs gave in evidence a deed, dated Eebruary 6, 1839, by which Dobbins conveyed to them certain lots, and by which he, as party of the first part, his heirs, executors, and administrators, promised, covenanted, &c., with the grantees, their heirs and assigns, that he and his heirs the premises thereby granted, &c., unto the party of the second part, “ against him and Ms heirs, and against all and every other…
1Opinion of the Court
The opinion of this Court was delivered by
Gibson, C. J.
In England, the feudal warranty was superseded by a covenant of warranty, which, in turn, seems to have given place in that country, but in few of the American States, to what conveyancers call the five common covenants of title; namely, a covenant of seisin, a covenant that the grantor had a right to convey, a covenant for quiet enjoyment, and a covenant for further assurance: for the last of which Chancellor Kent substitutes the covenant of warranty, still retained by us; and on which this action is brought. It has been thought by…
2Cases cited1 opinion
- Paul v. WitmanSupreme Court of Pennsylvania · 1842
3Cited by12 opinions
- Juniata Valley Bank v. Martin Oil Co.Superior Court of Pennsylvania · 1999
- Litmans v. O'DONNELLSuperior Court of Pennsylvania · 1953
- Hastings v. BurchfieldSuperior Court of Pennsylvania · 1905
- Trimmer v. BerkheimerSuperior Court of Pennsylvania · 1915
- Sager v. PattersonSuperior Court of Pennsylvania · 1900
7 more not listed; retrieve them via the Exa API.