Frost v. Earnest
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of covenant, brought in that Court by Henry Frost against Jacob Earnest.
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IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of covenant, brought in that Court by Henry Frost against Jacob Earnest. The plaintiff declared on a lease dated the 3d day of January, 1833, whereby the defendant demised to him a house and lot of ground, on Front-street in the District of Southwark, for a term of five years from the 15th day of January then following, at the rent of $155 per annum, with a covenant that the plaintiff should “ peaceably and quietly have, hold, use, occupy, and possess the said…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— This lease was made in the year 1833. By the act of 25th March, 1831, Washington street had been authorised to be widened, and provision was made to compensate all “ owners of property,” for damages that might thereby accrue to them, by proceedings before a jury in the usual manner. There existed, therefore, at the time of the lease, a liability in the property to be taken for a street; but as the additional quantity requisite for that purpose, might be taken from the other side of the street, or from both sides, it was uncertain whether…
2Cited by10 opinions
- Osborn v. NicholsonSupreme Court of the United States · 1872
- Goodyear Shoe Machinery Co. v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1900
- Stubbings v. Village of EvanstonIllinois Supreme Court · 1891
- Warner v. HitchinsNew York Supreme Court · 1849
- International Trust Co. v. SchumannMassachusetts Supreme Judicial Court · 1893
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