Palairet v. Snyder
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Philadelphia county: Of January Term, 1884, No. 162. Amicable action, in covenant, between Lewis Snyder and Emma Matilda, his wife in her right, plaintiffs, and Richard Thomas Palairet, William Henry Miles Booty and Henry Hamilton Palairet, trustees, defendants.
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Error to the Court of Common Pleas No. 1 of Philadelphia county: Of January Term, 1884, No. 162. Amicable action, in covenant, between Lewis Snyder and Emma Matilda, his wife in her right, plaintiffs, and Richard Thomas Palairet, William Henry Miles Booty and Henry Hamilton Palairet, trustees, defendants. The action was entered by agreement with the same effect as if a writ of covenant had been issued to the first Monday of December, 1883, returned served, a declaration been filed, alleging a tender by the said plaintiff to the said defendants of the sum of $750, being the principal of the…
1Opinion of the CourtJustice Sterrett
It may Ido that the twenty-first section of the Act of April 22, 1850, was intended to apply to ground-rent deeds such as that under consideration; but, in our opinion, the language employed will not admit of that construction. The Act declares, “Whenever a deed or other instrument of writing conveying real estate shall be made, wherein shall be contained a reservation of ground-rent to become perpetual, upon the failure of the purchaser to comply with the conditions therein contained, no such covenant or condition shall be so construed as to make the said ground-rent a perpetual incumbrance…
2Cited by3 opinions
- Norris v. CroweSupreme Court of Pennsylvania · 1903
- Crean's EstateSupreme Court of Pennsylvania · 1936
- Crean's EstatePennsylvania Orphans' Court, Philadelphia County · 1935