Landreth v. Howell

Citations

• 24 Pa. Super. 210
• 1904 Pa. Super. LEXIS 158

Syllabus

<p>Deed — Deficiency in acreage — Master's sale in partition — Mistake.</p> <p>A master in partition sold a tract of land described by metes and bounds and said to contain six acres three roods and eight perches of land more or less at $2,600 per acre. The quantity of the tract was introduced in the papers by way of description and there was no covenant or warranty as to quantity. The description was in accordance with the ancient title papers conveying the land. None of the parties to the transaction had any knowledge that the land described in the paper did not contain the quantity mentioned in the description. There was a deficiency less than ten per cent of the estimated acreage. The purchaser paid over the purchase money for the quantity mentioned in the description, accepted title, and rested for about a year before making any attempt to recover for the deficiency in the quantity of the land. In the meantime the master’s report was filed, and the money received from the purchaser was paid over under decree of the court, to the parties entitled thereto. Held, that the purchaser could not thereafter recover in an action of assumpsit from such parties the amount of the deficiency.</p>