Mather v. Kinike
Supreme Court of Pennsylvania
Error to the Court of Common Fleas of Philadelphia, where this was an amicable action of covenant between Joseph Kinike, plaintiff, and Ann W. Mather, Catharine M. Mather and Emily R. Mather, in which the following case was stated:— The action (covenant) is on two ground-rent deeds, dated October 12th 1773, conveying to Seymour Hart two lots of ground therein described, and reserving out of each of said lots a ground-rent in the following words: “ Yielding and paying…
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Error to the Court of Common Fleas of Philadelphia, where this was an amicable action of covenant between Joseph Kinike, plaintiff, and Ann W. Mather, Catharine M. Mather and Emily R. Mather, in which the following case was stated:— The action (covenant) is on two ground-rent deeds, dated October 12th 1773, conveying to Seymour Hart two lots of ground therein described, and reserving out of each of said lots a ground-rent in the following words: “ Yielding and paying therefor unto the said grantor, his heirs and assigns, the yearly rent or sum of twenty-one Spanish coined fine silver pieces…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The ground-rent reserved by the deed of October 12th 1773, was payable in “twenty-one Spanish coined fine silver pieces of eight and one-third part of a piece of eight, each piece of eight weighing seventeen pennyweights and six grains, or so much lawful money of the province of Pennsylvania as shall be sufficient from time to time to purchase or procure twenty-one such pieces- of eight and one-third part of a piece of eight.”
This was manifestly a covenant for a specific article and not for a sum in currency. The alternative in which…
2Cited by1 opinion
- Henry v. HendersonMississippi Supreme Court · 1902