Streaper v. Fisher
Supreme Court of Pennsylvania
On the return of a writ of error to the. District Court for thé city and county of Philadelphia, it appeared from the record, that this was an action of covenant brought by Redivood Fisher and others, devisees of Miers Fisher, deceased, who sued as assignees of Charles Hurst, to recover three years’ arrears of ground rent, reserved in a deed dated the 9th of March, 1785, executed by the said Charles Hurst to Charles TV.
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On the return of a writ of error to the. District Court for thé city and county of Philadelphia, it appeared from the record, that this was an action of covenant brought by Redivood Fisher and others, devisees of Miers Fisher, deceased, who sued as assignees of Charles Hurst, to recover three years’ arrears of ground rent, reserved in a deed dated the 9th of March, 1785, executed by the said Charles Hurst to Charles TV. Peale, under whom the defendant below, Richard Streaper, derived title to the lot of ground out of which the ground rent issued. Qn the trial in the District Court, the jury…
1Opinion of the Court
Huston, J.,
(after stating the facts,) delivered th,e opinion of the court.
Several objections taken to, the plaintiffs’ recovery were very properly passed over by their concluding counsel.
The statute 32 Hen. 8- is reported by the judges to extend to this state, and, in fact, has been always in use here. Soon after its passage, a construction was put on it which has got beep .varied. Collateral covenants, such as do not relate to or depend on the land demised, are not within it; but covenants, which touch or relate to the land demised, run with the land, and bind the assignee, and the assignee…
2Cases cited3 opinions
- Atkins v. BeanMassachusetts Supreme Judicial Court · 1817
- Hitchcock v. HotchkissSupreme Court of Connecticut · 1816
- Shaupe v. ShaupeSupreme Court of Pennsylvania · 1824
3Cited by15 opinions
- In the Matter of Wood F. Jones and Mary Jones, Debtors. Wood F. Jones and Mary Jones v. W.J. Services, Inc.Court of Appeals for the Fifth Circuit · 1992
- Pronzato v. GuerrinaSupreme Court of Pennsylvania · 1960
- Rickert v. MadeiraSupreme Court of Pennsylvania · 1829
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- United States v. KnappCourt of Appeals for the Tenth Circuit · 2019
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