New York & Cleveland Gas Coal Co. v. Graham

Citations

• 226 Pa. 348
• 75 A. 657
• 1910 Pa. LEXIS 771

Syllabus

<p>Deed — Warranty—Covenant for quiet enjoyment — Defect in title— Cloud on tiñe — Mortgage—Evidence—Equity.</p> <p>1. The mere fact that the grantee in a deed containing a general warranty and a covenant for quiet enjoyment had knowledge of an existing defect in the title at the time he accepted, does not of itself impair the covenants. Such fact is a circumstance to be considered when it becomes a question whether it was understood and intended that the covenants were to extend to that particular defect, and the truth with respect to this may always be shown.</p> <p>2. When the covenants in a deed are general with nothing expressly excepted, the burden is on the grantor who seeks to escape from a liability fairly covered by the general terms of the covenants to show that his grantee accepted the title notwithstanding the defect, and, cum onere.</p> <p>3. The general covenant of warranty may be broken as soon as made. The existence of a better title with an actual possession under it in another, is of itself a breach of this covenant.</p> <p>4. A covenant for quiet enjoyment is broken by the very commencement of an action on the better title.</p> <p>5. Where a grantee of land under a deed containing a general warranty and a covenant for quiet enjoyment takes the land subject to a mortgage which can only be paid off after the death of a living person, and such grantee is compelled to pay treble damages for mining coal, to the owner of a better title, and such damages are in excess of the amount of the mortgage, the grantee is entitled to maintain a bill in equity against the grantor to cancel the mortgage which he holds on the land.</p> <p>Words and, phrases — Maxims—Ignorance of the law — Deed.</p> <p>6. The rule ignorantia juris neminem excusat does not apply to a matter of law arising upon the doubtful construction of a grant.</p>