Brindle v. M'Ilvaine
Supreme Court of Pennsylvania
[For the former reports of this case see 7 Serg. fy Rawle, 345, and 9 Serg. fy Rawle, 74. J This was a writ of error to the court of Common Pleas of Franklin county, a verdict and judgment having been there rendered in favour of the defendant in error the plaintiff below.
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[For the former reports of this case see 7 Serg. fy Rawle, 345, and 9 Serg. fy Rawle, 74. J This was a writ of error to the court of Common Pleas of Franklin county, a verdict and judgment having been there rendered in favour of the defendant in error the plaintiff below. It was an ejectment for 25 acres of land in Franklin county-brought against George Brindle and John Brotherton, by Elizabeth MiHvaine, the plaintiff below who having died subsequently to the institution of the suit, Alexander M‘Ilvaine, her heir and devisee was substituted in her place. Both plaintiff and defendant claimed…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
Between the ease as now presented and the report of it on a former occasion in 7 Serg. & Rawle, 345, there is no dif*284érence in the facts material to the points in controversy, except that it appears the deed from Haslet to Elisabeth M‘ Ilvaine, as well as his deed to Brotherton, contains a covenant of general warranty; and it does not appear at what time the bond from Mrs. 3I‘Ilvaine to Haslet, was delivered by him to Brotherton.
Mary Haslet the widow of the grantor, who has an interest in his estate under the statute of distribution, was…
2Cases cited1 opinion
- Brindle v. M'IlvaineSupreme Court of Pennsylvania · 1821
3Cited by4 opinions
- Gilchrist v. M'KeeSupreme Court of Pennsylvania · 1835
- Caldwell v. GambleSupreme Court of Pennsylvania · 1835
- Bell v. RinnerOhio Supreme Court · 1864
- Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1825