Hansell v. Nelson
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action of covenant brought by “ William S. Hansell and wife and others, devisees of Standish Forde deceased,” against “ William Nelson, assignee of John Greer and George Houser.”
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THIS was an action of covenant brought by “ William S. Hansell and wife and others, devisees of Standish Forde deceased,” against “ William Nelson, assignee of John Greer and George Houser.” The plaintiffs in due time filed a copy of the instrument of writing upon which he alleged suit was brought, which was a deed dated'January 31st, 1797, from Standish Forde to John Greer and George Houser in fee of a lot of ground in Penn Township, in which the grantor reserved an annual ground rent of 50 dollars, payable to himself his heirs and assigns. The plaintiff filed no declaration, nor did he file…
1Opinion of the Court
Pettit, President.
In the original deed the covenant to pay money is express, and depends only on the lapse of time. There is no qualification whatever requiring proof beyond the instrument itself. When the day of payment has arrived, the obligation is free *343from every thing contingent, conditional or collateral. The ground rent deed is therefore an instrument of writing within what I have always understood to be the sound construction of the act. That it contains other matters besides the covenant to pay money, is not material. They do not affect the portion of the deed now in question, which…
2Cases cited2 opinions
- Hertzog v. EllisSupreme Court of Pennsylvania · 1810
- Carpentier v. Delaware InsuranceSupreme Court of Pennsylvania · 1810