Funk v. Voneida
Supreme Court of Pennsylvania
IN ERROR. This was an action of covenant brought by the plaintiff in error against the defendant in error, in the District Court' for the city and county of Lancaster, in which'the'declaration was as follows: “ Philip Voneida and Catharine Bechtoll, executors of the last will and testament of Williatn Bechtoll, deceased, were summoned to answer Jacob Funk', in a plea of covenants broken, &c.
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IN ERROR. This was an action of covenant brought by the plaintiff in error against the defendant in error, in the District Court' for the city and county of Lancaster, in which'the'declaration was as follows: “ Philip Voneida and Catharine Bechtoll, executors of the last will and testament of Williatn Bechtoll, deceased, were summoned to answer Jacob Funk', in a plea of covenants broken, &c. Whereupon the said Jacob coinplains, thát heretofore, to wit, on the first day of April, in the year of our Lord, one thousand eight hundred and fourteen, at the county aforesaid, by a certain indenture,…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The great change introduced by the act of assembly, rendering real estate subject to judicial sale, for payment of debts, and the necessity imposed on our courts, from the want of direct chancery jurisdiction, of considering every equitable, tangible interest in land, subject to levy and sale, produce, frequently, consequences which call for a liberal exercise of equitable powers, ■accommodated to this new state of things.
I will consider the special errors .assigned, in the following order.- 1st, Whether any breach of covenant entered into by…
2Cases cited3 opinions
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
- Greenby v. WilcocksNew York Supreme Court · 1806
- White v. HartSupreme Court of Pennsylvania · 1793
3Cited by6 opinions
- Smith v. WhiteWest Virginia Supreme Court · 1913
- Leber v. KauffeltSupreme Court of Pennsylvania · 1843
- Gest v. WaySupreme Court of Pennsylvania · 1837
- Winston v. VaughanSupreme Court of Arkansas · 1860
- Sims's Administrator v. ChewSupreme Court of Pennsylvania · 1827
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