Bank of Commerce v. Peace
Superior Court of Pennsylvania
Appeal, No. 183, Oct. T., 1904, by plaintiff, from decree of C. P., No. 4, Phila. Co., Dec. T., 1903, No. 3090, dismissing bill in equity in case of Bank of Commerce of Louisville, Ky. v. Philip P. Peace and Rowland Evans. Bill in equity for an account.
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Appeal, No. 183, Oct. T., 1904, by plaintiff, from decree of C. P., No. 4, Phila. Co., Dec. T., 1903, No. 3090, dismissing bill in equity in case of Bank of Commerce of Louisville, Ky. v. Philip P. Peace and Rowland Evans. Bill in equity for an account. Audenried, J., found the facts to be as follows: On January 15, 1902, Evans lent Peace $2,000 and took from Mm an assignment of a certain ground rent, upon the parol agreement that he would sell the ground rent and, having deducted from the proceeds of its sale the amount of his advances, pay over the balance thereof to Peace. On March 20,…
1Opinion of the Court
Opinion by
Beaver, J.,
The estate which the owner or holder of a ground rent has therein is well understood in Pennsylvania. Th¿ ground rent, although incorporeal, is real estate and the estate of the owner is a fee simple. It is the subject of the lien of a judgment and may be mortgaged by the holder. The general subject is fully discussed in Ingersoll v. Sergeant, 1 Whar. 337. See White’s Estate, 167 Pa. 206.
These general propositions are not in any way disputed here. The question is whether the judgment of the plaintiff against *645Peace, one of the defendants, was a lien upon the ground rent…
2Cases cited3 opinions
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- Moran v. MunhallSupreme Court of Pennsylvania · 1903
- White's EstateSupreme Court of Pennsylvania · 1895
3Cited by1 opinion
- English v. RossDistrict Court, M.D. Pennsylvania · 1905