McClure's Executors v. Gamble
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of covenant upon a general warranty, instituted by Hezekiah D. Gamble, against the executors of Francis McClure, deceased. The plaintiff, Gamble, was evicted from the' possession of 101 acres of land, being part of a larger tract conveyed by Francis McClure to Vm. McClure, Jr., by deed dated 30th May, 1805, containing a covenant of general warranty, for himself, his heirs and assigns. Wm.
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Error to the District Court of Allegheny county. This was an action of covenant upon a general warranty, instituted by Hezekiah D. Gamble, against the executors of Francis McClure, deceased. The plaintiff, Gamble, was evicted from the' possession of 101 acres of land, being part of a larger tract conveyed by Francis McClure to Vm. McClure, Jr., by deed dated 30th May, 1805, containing a covenant of general warranty, for himself, his heirs and assigns. Wm. McClure afterwards conveyed the land to H. Douthett, who, by his will, devised it to Gamble during the term of his natural life. The estate…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
This is an action on a covenant of warranty, in which the grantor covenanted “ for himself and his heirs,” and it is argued that under such a covenant the executors are not bound, but the heir only. It is thought, that because the grantor expressly included his heirs in the covenant, he has impliedly excluded his executors; but this does not follow, for by binding himself he binds his estate, so far as it is represented by his executors, whereas the heir could not be bound without express terms, and this accords with Williams v. Burrell, 1…
2Cases cited2 opinions
- Paul v. WitmanSupreme Court of Pennsylvania · 1842
- Von Horne v. CrainNew York Court of Chancery · 1829
3Cited by4 opinions
- Blondeau v. SheridanSupreme Court of Missouri · 1884
- Tyson v. EyrickSupreme Court of Pennsylvania · 1891
- Baker ex rel. Hazlehurst v. SmithSupreme Court of Pennsylvania · 1805
- American Ice Co. v. Pocono Spring Water Ice Co.Court of Appeals for the Third Circuit · 1910