Philips v. Clarkson
Supreme Court of Pennsylvania
Case stated for the opinion of the court. Joseph Morris and wife, on the 3d August 1774, conveyed a lot of ground situate in China street, in the county of Philadelphia, to the defendants, Matthew Clarkson and Edward Bonsall, in fee ; reserving a rent charge thereout of forty dollars per an-num.
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Case stated for the opinion of the court. Joseph Morris and wife, on the 3d August 1774, conveyed a lot of ground situate in China street, in the county of Philadelphia, to the defendants, Matthew Clarkson and Edward Bonsall, in fee ; reserving a rent charge thereout of forty dollars per an-num. The grantees expressly covenant to pay the said rent charge to the said Joseph 'Morris, his heirs and assigns forever, on the first day of June yearly, the first year’s rent to be paid on the 1st June 1776, (prout deed.) A right of entry was reserved to hold till the rent paid. The said Joseph Morris…
1Opinion of the Court
* Yeates, J.
delivered the opinion of the court, in the absence of the chief justice. The same party cannot be [*128 payer and receiver. Hence arises the law, that when the title to the rent, and the possession of the premises out of which it issues, are united in one person, the former is extinguished. But here the case is different. Dr. William White came in as assignee of the newly created rent, and if he made a re-entry on the premises, could only hold the same until the rents were paid. The property of the ground continued in Busteed and his heirs, subject to the payment of both species of…
2Cases cited2 opinions
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- Kunckle v. WynickSupreme Court of the United States · 1788
3Cited by4 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- Litle v. Ott's HeirsU.S. Circuit Court for the District of District of Columbia · 1828
- Van Rensselaer v. HaysNew York Court of Appeals · 1859