Peart v. Phipps
Supreme Court of Pennsylvania
The following case was stated, as of March term 1802, for the opinion of the court. The plaintiff by indenture dated 25th October 1773, granted and conveyed to the defendant, a certain lot of ground, situate on Sassafras street, between 5 th and 6th streets, in the city of Philadelphia, in fee simple, reserving a rent of 13I. fos. payable to the plaintiff, her heirs or assigns, on the 1st day of April annually for ever.
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The following case was stated, as of March term 1802, for the opinion of the court. The plaintiff by indenture dated 25th October 1773, granted and conveyed to the defendant, a certain lot of ground, situate on Sassafras street, between 5 th and 6th streets, in the city of Philadelphia, in fee simple, reserving a rent of 13I. fos. payable to the plaintiff, her heirs or assigns, on the 1st day of April annually for ever. And the said defendant for himself, his heirs, executors, administrators and assigns, did covenant, promise, grant and agree to and with the said plaintiff, her heirs and…
1Opinion of the Court
The case was argued on the 22d December 1803, by Mr. Gibson for.the plaintiff, and Mr. Rawle for the defendant. The following cases were relied on by the former, to prove that the ground landlord was exempted from taxation, by the terms of the covenant. Doug. 602, 624. 1 Salk. 198. 2 Salk. 615. 1 Ld. Ray. 318. 12 Mod. 166. Comb. 424, 466. 5 Mod. 368. It was said on both sides, that an usage had obtained with respect to the payment of taxes, on ground rents, where covenants had been inserted in the deeds, and similar to the case before the court, but they disagreed in their statement of this…
2Cases cited1 opinion
- Clopton v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1867
3Cited by2 opinions
- Mains v. CosnerIllinois Supreme Court · 1873
- Durand v. Halbach, Pennsylvania Court of Common Pleas, Philadelphia County1835