Legal Opinion

Mather v. McMichael

Supreme Court of Pennsylvania

Decided March 15, 1850PublishedCited by 3 opinions

Erbob from the Common Pleas .of Philadelphia: January 15, Case stated. — In 1840 certain land was conveyed by a recorded deed reserving a ground rent of $62 25, payable semi-annually on the 1st of May and November. The premises became vested in Kimbal and were levied on and sold under an execution against him on the 7th of July, 1845. On the 1st of May of that year there was due one year’s ground rent. The sheriff’s advertisement recited the ground rent.

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Erbob from the Common Pleas .of Philadelphia: January 15, Case stated. — In 1840 certain land was conveyed by a recorded deed reserving a ground rent of $62 25, payable semi-annually on the 1st of May and November. The premises became vested in Kimbal and were levied on and sold under an execution against him on the 7th of July, 1845. On the 1st of May of that year there was due one year’s ground rent. The sheriff’s advertisement recited the ground rent. In the conditions of sale was the following: “arrears of ground rent and taxes, if any, will be paid out of the purchase money if the bills…

1Opinion of the Court

The opinion of the court was delivered by

Bell, J.

Bantleon vs. Smith, 2 Binn. 146, reiterated by Pan-coast’s Appeal, 8 W. & S. 381; Dougherty’s estate, 9 W. & S. 189, and Ter Hoven vs. Kerns, 2 Barr 96, settle the doctrine that the arrears of ground rent, being a lien on the land charged, are to be paid out of its proceeds when sold under judicial process.— In this respect this species of lien seems to stand on the same foot with other pecuniary incumbrances, due at the time of sale, and capable of ascertainment. Of these it most nearly resembles the arrears of an annuity payable to the widow…

2Cases cited7 opinions

  1. Dougherty's EstateSupreme Court of Pennsylvania · 1844
  2. Bantleon v. SmithSupreme Court of Pennsylvania · 1809
  3. Tower's AppropriationSupreme Court of Pennsylvania · 1845
  4. Mode's AppealSupreme Court of Pennsylvania · 1843
  5. Custer v. DettererSupreme Court of Pennsylvania · 1841

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Fidelity Trust Co. v. Union National BankSupreme Court of Pennsylvania · 1933
  2. Donahue v. PhiladelphiaSuperior Court of Pennsylvania · 1944
  3. Cunningham (To Use) v. AsherSuperior Court of Pennsylvania · 1935

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