Barry v. Hill
Supreme Court of Pennsylvania
Appeal, No. 59, July T., 1894, by terre tenant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1892, No. 1071, on verdict for plaintiff. Assumpsit for arrears of ground rent.
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Appeal, No. 59, July T., 1894, by terre tenant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1892, No. 1071, on verdict for plaintiff. Assumpsit for arrears of ground rent. Before Biddle, J. At the trial it appeared that suit was brought Feb. 4, 1893, to recover ground rent arrears reserved out of premises on Bancroft street in Philadelphia, conveyed in 1871, by Matthew Hall to Edward C. Hill, by deeds which reserved two ground rents of forty-eight dollars per year each. These ground rents were assigned by Matthew Hall, tlie covenantee, to John Bardsley in 1873, and by John Bardsley to…
1Opinion of the Court
Opinion by
Me. Justice Geeen,
The deed from Bardsley to Gaunon was made January 18, 1877, and was recorded September 26, 1877. It contained, among other things, an assignment to Gannon of the ground rents now in question. The appellant alleges that Bardsley in 1879, by a deed then made and recorded, assigned the same ground rents, as his own, to the Samuel Miller Savings and Building Association, which, in 1882, assigned them to William Whiteside, the then owner of the premises, thus effecting an extinguishment. An examination of the record of deeds at any time after September 26, 1877, would…
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