Biddle v. Hooven
Supreme Court of Pennsylvania
error to the court of common pleas NO. 2 OF PHILADELPHIA COUNTY. No. 292 January Term 1888, Sup. Ct.; court below, No. 520 December Term 1885, C. P. No. 2. On January 27, 1886, a summons in covenant sur ground-rent deed was issued in an action by Thomas A. Biddle and Alexander Biddle, surviving trustees under the will of Christine Biddle deceased, against James Hooven.
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error to the court of common pleas NO. 2 OF PHILADELPHIA COUNTY. No. 292 January Term 1888, Sup. Ct.; court below, No. 520 December Term 1885, C. P. No. 2. On January 27, 1886, a summons in covenant sur ground-rent deed was issued in an action by Thomas A. Biddle and Alexander Biddle, surviving trustees under the will of Christine Biddle deceased, against James Hooven. The writ having been returned, nihil habet, an alias issued which was returned served on Patrick Dougherty, tenant in possession, advertised, and nibil babet as to defendant. On March 13, 1886, a rule to allow John Kilpatrick…
1Opinion of the Court
Opinion,
Me. Justice Paxson :
This record raises the question of the constitutionality of the seventh section of the act of April, 27, 1855, P. L. 869. The said section is as follows
“ That in all cases where no payment, claim, or demand shall have been made on account of, or for any ground-rent, annuity, or other charge upon real estate, for twenty-one years, or no declaration or acknowledgment of the existence thereof shall have been made within that period by the owner of the premises, subject to such ground-rent, annuity or charge, a release or extinguishment thereof shall be presumed, and…
2Cases cited1 opinion
- Korn v. BrowneSupreme Court of Pennsylvania · 1870
3Cited by4 opinions
- Clay v. IsemingerSupreme Court of Pennsylvania · 1898
- Murphy v. GreenSuperior Court of Pennsylvania · 1911
- Cadwalader v. SpringsteenSuperior Court of Pennsylvania · 1908
- Murphy v. GreenSuperior Court of Pennsylvania · 1911