Hamilton v. Elliott
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the District Court for the city and county of Philadelphia, in an ejectment brought by Elliott, the plaintiff below, against Hamilton for a ment and lot of ground on the north side of Poplar lane, in the county of Philadelphia.
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In Error. THIS was a writ of error to the District Court for the city and county of Philadelphia, in an ejectment brought by Elliott, the plaintiff below, against Hamilton for a ment and lot of ground on the north side of Poplar lane, in the county of Philadelphia. By a bill of exceptions, taken by the defendant to the charge of the Court and returned with the record, the case appeared to be thus : Edward Almond and wife, by indenture dated 28th 1803, granted the premises to Hugh Hamilton, subject to a ground rent of 10 dollars, payable to John Denny. The consideration expressed was 10…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
Edward Almond, under whom both parties claim, conveyed the premises to the defendant by a deed, dated the 28th June, 1803, in consideration of 10 dollars, and payment by the grantee of all ground rents, to which the premises were subject, then due, or that should become so thereafter. At the same time, the parties executed an indenture, which recites the deed, and further, that it was the intent and meaning, “ and the deed of conveyance .to the said Hugh Hamilton was on this condition and mutual agreement between the parties,” that Hugh…
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