BENDER v. FROMBERGER


4 U.S. 441 (____)

4 Dall. 441

Bender versus Fromberger.

Supreme Court of United States.


Attorney(s) appearing for the Case

Lewis, Rawle, and J. Sergeant, for the plaintiff.

M`Kean (Attorney-General) and Ingersoll, for the defendant.


TILGHMAN, Chief Justice.

The question submitted to us by the jury, has never been decided in this court. It is of importance, and has been well argued.

It may be taken for granted, that on a strict warranty, where the remedy for the party who loses the lands, is either by voucher, or writ of warrantia chartæ, the recovery is only according to the value of the land at the time the warranty was created. This is conceded by the plaintiff's counsel, and very...

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