Sachse v. Myers
Superior Court of Pennsylvania
Appeal, No. 196, Oct. T., 1899, by defendant, in suit of Julius F. A. Sachse, Executor, etc., Assignee, etc., against Simon S. Myers, from judgment of O. P. No. 3, Pliila. Co., Sept. T., 1899, No. 57, in favor of plaintiff for want of a sufficient affidavit of defense. Opinion by Rice, P. J. Rule for judgment for want of a sufficient affidavit of defense. ESSENTIAL FACTS STATED BY THE SUPERIOR COURT.
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Appeal, No. 196, Oct. T., 1899, by defendant, in suit of Julius F. A. Sachse, Executor, etc., Assignee, etc., against Simon S. Myers, from judgment of O. P. No. 3, Pliila. Co., Sept. T., 1899, No. 57, in favor of plaintiff for want of a sufficient affidavit of defense. Opinion by Rice, P. J. Rule for judgment for want of a sufficient affidavit of defense. ESSENTIAL FACTS STATED BY THE SUPERIOR COURT. This was an action of assumpsit brought by the owner of a ground rent against the owner of the fee to recover arrears of rent. The ground rent was reserved in a deed dated July 1, 1846 and became…
1Opinion of the Court
Rige, P. J.,
Opinion by (after stating the facts and reciting the provisions of the Act of June 12,1878, P. L. 205, and the provisions of the order for a reargument):
No point is made of the fact that part of the plaintiff’s claim was for rent that had accrued prior to the date of the defendant’s deed. It was admitted by his counsel at bar that he was the equitable owner during the six months prior to January 1, 1898, and we were asked to dispose of the case as if it appeared by the pleadings that he was the owner during all the period covered by the claim. Therefore, the third question…
2Cases cited12 opinions
- Taylor v. MitchellSupreme Court of Pennsylvania · 1868
- Merriman v. MooreSupreme Court of Pennsylvania · 1879
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- Streaper v. FisherSupreme Court of Pennsylvania · 1829
- Maule v. WeaverSupreme Court of Pennsylvania · 1847
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3Cited by1 opinion
- Smith v. Illinois Central RailroadSuperior Court of Pennsylvania · 1908