Trustees of St. Mary's Church v. Miles
Supreme Court of Pennsylvania
Writ of Error to the District Court for the City and County of Philadelphia. Robert Miles brought an action of covenant in that court to December Term, 1829, against the trustees of St. Mary’s church, to recover the arrears of a ground rent of three pounds per annum, issuing out of and charged upon a lot of ground situate on the south side of Plumb street, in the district of Southwark, and county of Philadelphia.
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Writ of Error to the District Court for the City and County of Philadelphia. Robert Miles brought an action of covenant in that court to December Term, 1829, against the trustees of St. Mary’s church, to recover the arrears of a ground rent of three pounds per annum, issuing out of and charged upon a lot of ground situate on the south side of Plumb street, in the district of Southwark, and county of Philadelphia. On the trial in the court below, the jury found a special verdict, setting forth the following facts, viz.: That John Palmer and wife, by indenture dated the 23d day of July, 1761,…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The counsel of the defendants has made three objections to the recovery of the plaintiff; two of which go to the whole of his claim, and the third only to a part. The first is, that upwards of thirty years having elapsed, without any demand having been made of the rent, or payment thereof received, a release of the right to demand it ought to be presumed. The second is, that the payment of the annuity by the executors of Thomas Shoemaker was a satisfaction and discharge of the ground rent, as it became payable, on the lot in the tenure of…
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