Juvenal v. Patterson
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. April 18. Walker conveyed to Juvenal, reserving a ground-rent, in the usual form. Walker conveyed the rent to Patterson, who brought covenant for the arrears.
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In error from the District Court of Philadelphia. April 18. Walker conveyed to Juvenal, reserving a ground-rent, in the usual form. Walker conveyed the rent to Patterson, who brought covenant for the arrears. The affidavit set up, that Walker, being the owner of the land, in order to induce Juvenal to purchase it at a ground-rent of $3 a foot, agreed to advance Juvenal $1,108, which would be the principal of $1 per foot, to be employed by defendant in erecting a brick house upon the premises. That, relying on this promise, Juvenal took up the lot and executed the deed. That no part of the…
1Opinion of the CourtRosees, J.
Whether the parol evidence would be admissible in an action in which Walker, the grantor, was a party, it is immaterial to inquire. But, admitting the proposed defence would be available there, can it be taken as against the plaintiff, who, it is conceded, is a bond fide purchaser without notice 1 That a ground-rent is real estate, is ruled in Irwin v. The Bank of the U. S., 1 Barr, 349, Bosler v. Kuhn, 8 W. & S. 185, and in other cases. In the last case, the Chief Justice, on the authority of Ingersoll v. Sergeant, 1 Wh. 337, Franciscus v. Reigart, 4 W. 98, and Kenege v. Elliott, 9 W. 262,…
2Cases cited7 opinions
- Baring v. ShippenSupreme Court of Pennsylvania · 1809
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- Bosler v. KuhnSupreme Court of Pennsylvania · 1844
- Scott v. Ezra Lunt's AdministratorSupreme Court of the United States · 1833
- Bracken v. MillerSupreme Court of Pennsylvania · 1842
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3Cited by3 opinions
- Pronzato v. GuerrinaSupreme Court of Pennsylvania · 1960
- Tech One Associates v. Board of Property Assessment, Appeals & ReviewSupreme Court of Pennsylvania · 2012
- Yoder Yoder v. SwainbankSuperior Court of Pennsylvania · 1923