Chambers v. Reinhold

Citations

• 33 Pa. Super. 266
• 1907 Pa. Super. LEXIS 280

Syllabus

<p>Practice, C. P. — Parties—Warranty—Joint warrantors.</p> <p>An action on a general warranty in a joint deed cannot be maintained against the personal representatives of the deceased warrantors jointly. Death severs the joinder, and the right of action on the warranty remains against the survivor.</p> <p>Warranty — Deed—Measure of damages.</p> <p>In an action on a general warranty, where it appears that the plaintiff has been in peaceable possession of the premises for a long period of time, the court cannot give a binding instruction to the jury to taire the purchase money of the interest as to which a breach is claimed, and add interest thereto regardless of possession, use, improvements, and the liability of the plaintiff for mesne profits.</p> <p>Warranty — Breach—Eviction—Possession.</p> <p>In an action on a general warranty contained in a deed plaintiff cannot recover, where it appears that there was no binding judgment or decree sufficient to amount to his eviction either actual or constructive.</p> <p>The orphans’ court has no jurisdiction to try and settle disputed titles and rights of possession of real estate in a partition proceeding.</p> <p>Where a person is in quiet and peaceable possession of land under a deed of general warranty purporting to convey it all, and subsequently the orphans’ court awards partition of this land and adjoining land under a petition which merely sets up an ex parte claim of title, and the grantee under the warranty deed purchases one of the interests awarded in the partition, he cannot make such a purchase a basis for .an action on the general warranty. In such a case the facts that the plaintiff had a good title to a partial interest in the land, and that the defendants did not appear and defend in the partition proceedings, are immaterial.</p>