Legal Opinion

Davis v. Ehrman

Supreme Court of Pennsylvania

Decided January 27, 1853PublishedCited by 6 opinions

Error to the District Court, Philadelphia. This was an action of covenant to March Term, 1850, by Peter Ehrman v. Isaac R. Davis, for arrears of ground-rent. William Eryer was the owner in fee of a lot of ground on Wood street, in the county of Philadelphia. By deed dated 6th March, 1835, he conveyed the lot to J. Johnson in fee, subject to a yearly ground-rent of <$217, payable semi-annually.

Read the full summary

Error to the District Court, Philadelphia. This was an action of covenant to March Term, 1850, by Peter Ehrman v. Isaac R. Davis, for arrears of ground-rent. William Eryer was the owner in fee of a lot of ground on Wood street, in the county of Philadelphia. By deed dated 6th March, 1835, he conveyed the lot to J. Johnson in fee, subject to a yearly ground-rent of <$217, payable semi-annually. On Vlth Peeeniber, 1836, a judgment was obtained by George B. Reese v. William Fryer, the owner of the rent, in the sum of |20,000. On 30th September, 1837, Eryer and wife conveyed the ground-rent to…

1Opinion of the Court

The opinion of the Court was delivered on by

Woodward, J.

Since the Act of Assembly of 26th March, 1827, limiting the lien of judgments on real estate, nothing will avail to continue the lien beyond five years from the entry of the judgment, except an amicable revival, or the issuing of a scire facias within that period.

The argument here is, that the ground-rent having been levied in execution within the statutory period, the law will continue the lien for a reasonable time beyond the five years, to allow a sale to *259be effected. Such an extension would be a fiat contradiction of tbe letter and…

2Cases cited1 opinion

  1. Young v. TaylorSupreme Court of Pennsylvania · 1809

3Cited by6 opinions

  1. Mencke v. RosenbergSupreme Court of Pennsylvania · 1902
  2. Philadelphia National Bank v. TaylorSupreme Court of Pennsylvania · 1966
  3. Steinhardt v. Russian Orthodox Catholic Mutual Aid SocietySupreme Court of Pennsylvania · 1951
  4. Citizens Bank v. Variali, Pennsylvania Court of Common Pleas, Indiana County1932
  5. Philadelphia National Bank v. TaylorSuperior Court of Pennsylvania · 1965

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API