Terry's v. Drabenstadt
Supreme Court of Pennsylvania
May 1st 1871. Before Thompson, C. J., Read and Sharswood, JJ. Error to 'tbe Court of Common Pleas of Lancaster county: No. 29, to May Term 1871. This was an action of covenant commenced November 27th 1868, by Samuel Drabenstadt, against John Musser, executor, &c., of G-eorge W. Terry, deceased.
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May 1st 1871. Before Thompson, C. J., Read and Sharswood, JJ. Error to 'tbe Court of Common Pleas of Lancaster county: No. 29, to May Term 1871. This was an action of covenant commenced November 27th 1868, by Samuel Drabenstadt, against John Musser, executor, &c., of G-eorge W. Terry, deceased. The cause of action was on a covenant of general warranty in deed dated April 1st 1863, from G-eorge W. Terry the decedent to John B. Sherbon, for 6 acres of land in East Donegal township ; the consideration was $1000, the deed was not executed by Terry’s wife. The land was afterwards conveyed to…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
That part of the charge of the learned judge below, which forms the subject of the 1st assignment of error, is not open to the objection which has been made to it. Taken in connection with the answer to the plaintiff’s 3d point, in which it was said: “ In measuring the damages you must take into consideration the age and health of the widow, and it has been held that the rule of damages would be the amount of the depreciation of the fee simple interest according to the consideration-money paid to the covenantor.” The rule laid down…
2Cases cited2 opinions
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