Phillips v. Bonsall
Supreme Court of Pennsylvania
THIS cause came before the court upon a case, which stated in substance as follows; Joseph Morris and wife on the third of August 1774 convey» ed a lot of ground in the county of Philadelphia to Matthew Clarkson and Edward Bonsall in fee as tenants in common and not as joint tenants, reserving a rent charge of forty dollars per annum which the grantees covenanted to pay in the following terms: “ and the said Matthew Clarkson and Edward Bonsall « for themselves, their heirs,…
Read the full summary
THIS cause came before the court upon a case, which stated in substance as follows; Joseph Morris and wife on the third of August 1774 convey» ed a lot of ground in the county of Philadelphia to Matthew Clarkson and Edward Bonsall in fee as tenants in common and not as joint tenants, reserving a rent charge of forty dollars per annum which the grantees covenanted to pay in the following terms: “ and the said Matthew Clarkson and Edward Bonsall « for themselves, their heirs, executors, administrators andas4t signs, do covenant, promise and grant to and with the said’ “ J0SeP^ Morris his heirs…
1Opinion of the Court
Tilghman C. J.
delivered the Court’s opinion.
We are to decide this cause on a case stated, on which several points have been raised.
1. Has the rent charge of 40 dollars created by the deed from Joseph Morris to Clarkson and Bonsatt, 3d August 1774, been extinguished?
The principle of law is, that when the right to the land, and the right to the rent, are united in the same person, the rent is extinct. The defendant’s counsel have endeavoured to shew, that this union has taken place in the present in*143stance, because John Phillips in whom the title to both the ground rents was vested, derived…
2Cited by7 opinions
- Pittsley v. KingSupreme Court of Pennsylvania · 1903
- City of Philadelphia v. Reeves & CabotSupreme Court of Pennsylvania · 1865
- Vandegrift v. Knights Road Industrial Park, Inc.Supreme Court of Pennsylvania · 1980
- Hascsak v. LeseinskySuperior Court of Pennsylvania · 1909
- Myers v. Plummer, Pennsylvania Court of Common Pleas, Montgomery County1934
2 more not listed; retrieve them via the Exa API.