Herbert v. Northern Trust Co.

Citations

• 269 Pa. 306
• 112 A. 471
• 1921 Pa. LEXIS 554

Syllabus

<p>Evidence — Identity of name — Presumption.</p> <p>1. Where the name of a grantor in a deed is the same as that of a defendant in a proceeding to foreclose a mortgage on the land conveyed, there is a presumption of identity of person.</p> <p>Executors and administrators — Purchase by administrator at sheriff's sale — Validity of title — -Voidable transaction.</p> <p>2. A purchase of real estate by an administrator at sheriffs sale, is not a void transaction, but voidable only, at the instance of a party in interest.</p> <p>Deed — General warranty — Evidence—Foreign records — Breach of warranty — Eviction—Presumption.</p> <p>3. Where a grantor conveys land in another state by deed of general warranty, and the land is conveyed by general warranty to three successive grantees, the last of whom is evicted, and recoveries are had in the other state by each grantee against his grantor, without the original grantor being made a party, the records of such suits are prima facie evidence in an action against the original grantor by his grantee, that recovery had been obtained against the succeeding grantees because of a breach of warranty, and of the amount of the recovery; but they would not be conclusive unless the warrantor was called in to defend.</p> <p>4. In an action for breach of a general warranty, where an eviction is set up as the basis for the suit, it must appear, either actually or constructively, that the eviction wab a result of some defect of title.</p> <p>5. In such ease, an eviction is shown, where it appears that a tenant was in possession under a grantee’s predecessor in title, that the tenant attorned to the grantee, and that the land was sold at sheriff’s sale. The presumption is that, in the absence of proof that the purchaser actually entered, possession by the purchaser accompanied the title.</p> <p>Deed — Covenant by warranty — Breach—Eviction—When right of action accrues — Damages.</p> <p>6. In ease of covenant of warranty, the right of action co