Lessee of Henry v. Morgan
Supreme Court of Pennsylvania
THIS was an appeal from the decision of Judge Yeates at a Circuit Court for Dauphin in November 1805. It was an ejectment for a tract of land, which the plaintiff claimed under a deed with special warranty from one Christopher Lowman, who derived title from the executors ‘ ' . John Meem, by a deed dated the 14th January 1776, which %vas never recorded. . ' ' The defendants claimed under a sale made afterwards by the sheriff, by virtue of an execution against a certain . f .…
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THIS was an appeal from the decision of Judge Yeates at a Circuit Court for Dauphin in November 1805. It was an ejectment for a tract of land, which the plaintiff claimed under a deed with special warranty from one Christopher Lowman, who derived title from the executors ‘ ' . John Meem, by a deed dated the 14th January 1776, which %vas never recorded. . ' ' The defendants claimed under a sale made afterwards by the sheriff, by virtue of an execution against a certain . f . „ „ _ J Klme; but their title was m no manner derivedfrom Meem or his executors. They were in possession of the land…
1Opinion of the Court
Tilghman C. J.
after stating the case, delivered his opinion as follows:
1. The deed from Christopher Lowman to the plaintiff, contains only a special warranty against himself and all persons claiming under him. He was asked on his examination, whether he had agreed to warrant the title of the land in dispute; and his answer was, that he had made no such agreement, but that on being asked by Judge Henry, before whom the deed was acknowledged, whether he was to make good the title, he answered that “ it xvould be right that the deed “ would be good? From, hence it is inferred, that he was bound…
2Cited by14 opinions
- Brannon v. MayIndiana Supreme Court · 1873
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Meehan v. WilliamsSupreme Court of Pennsylvania · 1865
- Smith v. DownsSupreme Court of Connecticut · 1827
- Farmer v. FisherSupreme Court of Pennsylvania · 1900
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