Legal Opinion

Miller v. Withers

Supreme Court of Pennsylvania

Decided October 17, 1898No. Appeal, No. 14PublishedCited by 1 opinion

Appeal, No. 14, Jan. Term, 1898, by plaintiff, from judgment of C. P. Lancaster County, March T., 1895, No. 12, on verdict for defendant. Assumpsit to recover a charge upon land. Before Livingston, P. J. At the trial it appeared that the suit was brought to recover the sum of $8,470, which had been reserved as a charge on land in a deed executed in 1878 by Joseph Gensemer and wife to George S. Withers.

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Appeal, No. 14, Jan. Term, 1898, by plaintiff, from judgment of C. P. Lancaster County, March T., 1895, No. 12, on verdict for defendant. Assumpsit to recover a charge upon land. Before Livingston, P. J. At the trial it appeared that the suit was brought to recover the sum of $8,470, which had been reserved as a charge on land in a deed executed in 1878 by Joseph Gensemer and wife to George S. Withers. The interest on the charge was made payable to the grantor and his wife during their lives, and after their death the principal was to form' part of the estate of the husband. On August 20,…

1Opinion of the Court

Opinion

by Mr. Justice Dean,

Joseph Gensemer and wife, April 1,1878, conveyed to George S. Withers, the defendant, a tract of land for the consideration of $6,940; of this amount it was covenanted in the deed that $8,470 should remain a charge on the land, and the interest thereon, at five per cent, be paid to the grantors, Gensemer and wife, during their lives and the life of the survivor of them, and then the principal sum should form part .of the estate of the husband. For some years the grantee, Withers, paid the stipulated interest, when, on August 20,1886, the husband and wife, by deed…

2Cases cited2 opinions

  1. Gensemer's EstateSupreme Court of Pennsylvania · 1895
  2. Commonwealth v. LightnerSupreme Court of Pennsylvania · 1845

3Cited by1 opinion

  1. Catalano's EstateSupreme Court of Pennsylvania · 1932

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