Bradford v. Potts
Supreme Court of Pennsylvania
In error from the Common Pleas of Bradford. This was a scire facias on a mortgage by Bradford to Potts, to secure the purchase-money of land conveyed by Potts to Bradford, with a general warranty. The defence taken was an outstanding title in one Lewis; but it appeared that when Bradford was about purchasing, he was informed by Lewis that he had a claim to the land.
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In error from the Common Pleas of Bradford. This was a scire facias on a mortgage by Bradford to Potts, to secure the purchase-money of land conveyed by Potts to Bradford, with a general warranty. The defence taken was an outstanding title in one Lewis; but it appeared that when Bradford was about purchasing, he was informed by Lewis that he had a claim to the land. It also appeared that the agent of Potts had said to Bradford that he supposed this to refer to a claim of title in one Wilson, and that he did not think it amounted to anything. The court (Conyngham, P. J.) instructed the jury…
1Opinion of the CourtBurnside, J.
It lay on’the defendant in this action to show that the title he had accepted was positively bad, and that there was a superior and indisputable title in another person, asserting such title : 5 W. & S. 51. The action was not on a contract, but a scire facias on the mortgage to compel the payment of the balance of the piu’chase-money. On a contract executed, even to show the title doubtful, would not avail the defendant: W. 57. Here there was no covenant broken. The plaintiff in error accepted the title, and took his warranty with full knowledge of the alleged adverse title. He shall not…
2Cases cited1 opinion
- Ludwick v. HuntzingerSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Little v. ThroppSupreme Court of Pennsylvania · 1914
- Price v. ShultzSuperior Court of Pennsylvania · 1924
- DeForest v. FinnSuperior Court of Pennsylvania · 1917
- Dehart v. Bush and BushSuperior Court of Pennsylvania · 1933