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Shoub v. Dunbar

Shoub et ux. v. Dunbar

Shoub v. Dunbar, 100 A. 829 (Pa. 1917)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
January 15, 1917
Docket
Nos. , No. 176
Judges
Brown, Frazer, Moschzisker, Potter, Walling
Citations
100 A. 829256 Pa. 3111917 Pa. LEXIS 605
Disposition
Affirmed.
Syllabus
Beal estate — Sales of real estate — Titles—Encumbrances. On a case stated to determine the validity of the title to land which plaintiffs had agreed to convey to defendant “free and clear of all liens and encumbrances” but which defendant refused to accept, where it appeared that owing to the vacation of a,part of the land for a public street benefits might be assessed against it, the court properly entered judgment for defendant.
Summary
Appeal, No. 176, Oct. T., 1916, by plaintiffs, from judgment of C. P. Allegheny Co., Oct. T., 1916, No. 1018, for defendant, on case stated, in case of John Shoub and Mary Shoub, his wife, v. Charles Dunbar. Case stated to determine the marketability of the title to certain real estate. Before Brown, J. The opinion of the Supreme Court states the facts. The court entered judgment for defendant on the case stated. Plaintiff appealed. Error assigned was the judgment of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam,

The agreement of appellants was to convey to appellee a lot of 'ground “free and clear of all liens and encumbrances.” Although Federal Lane has never' been opened through the land owned by pláintiffs, it was none the less a public highway: Commonwealth v. McNaugher et al., 131 Pa. 55 . That portion of it was vacated by an.ordinance of the City of Pittsburgh, passed June 16, 1910, *312 in pursuance of the Act of March 21, 1905, P. L. 46; but as yet the damages and benefits arising from said vacation have not been ascertained. As benefits may be assessed against the lot which appellants agreed to convey to appellee clear of “all liens and encumbrances,” judgment was properly entered for the defendant on the case stated, and it is, therefore, affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1924: 11955: 11972: 119242026peak 1924 · 1

Relies on it most ⓘ

  1. Ritter v. Hill127 A. 455 (Pa. 1924)
  2. Moore v. Beattie5 Pa. D. & C.2d 739 (1955)
  3. Shefts v. Security Title & Guaranty Co.55 Pa. D. & C.2d 616 (1972)

Most recent

  1. Shefts v. Security Title & Guaranty Co.55 Pa. D. & C.2d 616 (1972)
  2. Moore v. Beattie5 Pa. D. & C.2d 739 (1955)
  3. Ritter v. Hill127 A. 455 (Pa. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Commonwealth v. McNaugher, 18 A. 934 (Pa. 1890) 15

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