60 Pa. Super. 503 | Pa. Super. Ct. | 1915
Opinion by
This is an appeal from the action of the court below in entering judgment for want of a sufficient affidavit of defense. The defendant conveyed to the plaintiff by deed of general warranty dated October 14,1899, a piece of land situated in the City of McKeesport. The deed contained the usual words “Grant, bargain and sell” and the action was brought on the covenant against encumbrances given to these words by the Act of 1715. School and city taxes were assessed against the lot for the years 1897 and 1898, the latter tax having been assessed a short time before the defendant became the owner of the property. These taxes continued a lien against the lot during the defendant’s ownership thereof and liens were filed in May and June, 1899, for the taxes of the year 1897. Liens were filed in March and June, 1900, for the taxes of 1898. The plaintiff, having failed to secure an order striking off the liens, paid the same after the defendant had been requested at various times to pay and discharge the same and had omitted so to do and had failed to take steps to cause them to be stricken off or to assist the plaintiff in accomplishing that object. The Act of 1715 provides that the words, “grant, bargain and sell” in a recorded deed shall be adjudged an express covenant to the grantee, his heirs and assigns, to wit: that the grantor was seized of an indefeasible estate in fee simple free from encumbrances done or suffered from the grantor. By operation of this act these words embrace a covenant of seizin, a covenant for quiet enjoyment and a covenant against encumbrances: Memmert
The judgment is affirmed.