Wallace v. Fourth United Presbyterian Church
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1885, No. 131. Action of covenant to recover eighteen instalments of ground rent of $156 each, falling due on April 1st of each year from 1865 to 1882, both inclusive, brought by Charles "Wallace and others, children of Charles Wallace, deceased, against The Fourth United Presbyterian Church of Pittsburgh.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1885, No. 131. Action of covenant to recover eighteen instalments of ground rent of $156 each, falling due on April 1st of each year from 1865 to 1882, both inclusive, brought by Charles "Wallace and others, children of Charles Wallace, deceased, against The Fourth United Presbyterian Church of Pittsburgh. The defendant pleaded non est factum, the statute of limitations, and a special plea. On the trial the plaintiff proved the following case: On September 19th, 1785, one Thomas Hutchinson conveyed…
1Opinion of the CourtJustice Clark
This action of covenant was brought by the heirs of Charles Wallace, deceased, against the Fourth United Presbyterian Church of Pittsburgh, to recover rent, according to the provisions of a certain instrument of writing under seal, executed by one George Wallace to Boyle Irwin, and bearing date 25th July, 1814. The plaintiffs claim to recover the rent falling due on the first day of April in each year, from 1865 to 1882, inclusive, at the rate of $156 per year. The original grant, upon which rent was reserved, embraced about eight acres, and covered all the ground lying between what is now…
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