Bonebrake v. Summers
Supreme Court of Pennsylvania
Appeal, No. 316, Jan. T., 1898, by-defendants, from decree of Superior Ct., March T., 1898, No. 11, 8 Pa. Superior Ct. 54, affirming decree of C. P. Franklin Co., equity docket, vol. 2, p. 263, on bill in equity. Bill in equity to enforce a charge on land.
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Appeal, No. 316, Jan. T., 1898, by-defendants, from decree of Superior Ct., March T., 1898, No. 11, 8 Pa. Superior Ct. 54, affirming decree of C. P. Franklin Co., equity docket, vol. 2, p. 263, on bill in equity. Bill in equity to enforce a charge on land. Stewart, P. J., found the facts as follows: 1. Daniel Bonebrake and Rebecca, his wife, by deed dated August 30, 1890, conveyed to Abraham L. Smith a tract of land situate in Quincy township containing eighty-eight acres and seventy-four perches. The consideration expressed in the deed is 13,000. In the habendum occurs this clause,…
1Opinion of the Court
Opinion by
Me. Justice Dean,
After the concise and clear findings of fact by the learned trial judge in the common pleas, a restatement of them here is wholly unnecessary.
*26The court held that these words in the habendum of the deed, “ Nevertheless the maintenance of Daniel Bonebrake and Rebecca his wife, during their natural life, is a part of the consideration herein mentioned, therefore this title does not become clear of all incumbrance until at the death of the said Daniel Bonebrake and Rebecca his wife,” expressly charged upon the premises conveyed, a maintenance for the grantors, and…
2Cases cited2 opinions
- Hiester v. GreenSupreme Court of Pennsylvania · 1864
- Cadbury v. DuvalSupreme Court of Pennsylvania · 1849
3Cited by3 opinions
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- Estate of PalmSuperior Court of Pennsylvania · 1900
- Knoppel's EstatePennsylvania Orphans' Court, Philadelphia County · 1922