Hays v. Stewart

Citations

• 47 Pa. Super. 440
• 1911 Pa. Super. LEXIS 175

Syllabus

<p>Vendor and vendee — Marketable title — Incumbrance—Right of removing coal from other property — Hand money.</p> <p>1. The vendor of land cannot convey a good marketable title where it appears that there is an outstanding right in another person to remove coal from other lands through the land in question; such a right is an incumbrance, and if it is unknown to the vendee, and he did not buy subject to the same, he will be entitled to recover the hand money which he paid at the time the contract was executed.</p> <p>2. An incumbrance is every right to, or interest in the land which may subsist in third parties to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance.</p>