Cuthbert v. Kuhn
Supreme Court of Pennsylvania
This was a suit in equity, instituted by Mary Cutbbert against Hartman Kuhn, Dr. Bobert Hare, John Piare Powel, Samuel Powel, Samuel Powel Griffitts, and Charles Willing.
Read the full summary
This was a suit in equity, instituted by Mary Cutbbert against Hartman Kuhn, Dr. Bobert Hare, John Piare Powel, Samuel Powel, Samuel Powel Griffitts, and Charles Willing. The bill set forth, that by indenture made on the fifteenth day of July, A. D. 1794, between Elizabeth Powell, of the city of Philadelphia, widow, of the one part, and Thomas Cuthbert, of the other part, reciting as is therein recited, the said Elizabeth Powel did grant and convey unto the said Thomas Cuthbert, his heirs and assigns, a certain' lot or parcel of ground, situate on the east side of Penn street, in the said…
1Opinion of the Court
The opinion of the Court was delivered by
GrlBSON, C. J.
This is, in one respect, a more obvious case of apportionment than was Ingersoll v. Sergeant. There the act of apportionment was done without the concurrence of the tenant; and had the statute of quia emptores been in force here, as it was strangely enough supposed to be till after the second argument, I am unable to see how the necessary consequences of releasing, by *act of the party, parcel of an estate burthened with a could have been avoided. In a rent reserved with a clause of distress in a conveyance in fee— in a word, a feefarm…
2Cases cited2 opinions
- Fairman v. FluckSupreme Court of Pennsylvania · 1836
- O'Connor v. O'ConnorSupreme Court of Pennsylvania · 1858