Crean's Estate

Sinkler, J.,

The real purpose of this petition is to procure from this court by decree, or possibly by declaratory judgment, the insertion of a new covenant in a ground rent deed whereby the terre-tenant will agree to pay the sum stipulated to be paid for the extinguishment of the ground rent reserved in the deed.

The respondent in his argument quotes from Fallon on The Law of Conveyancing, 444, written in 1902: “In no case can the ground-rent landlord ever demand payment of the principal”. This would be more accurately stated as follows: “There is no principal sum of which the landlord can…