Watkins v. Phillips
Supreme Court of Pennsylvania
This case came before the court, on a writ of error to the District Court for the City 'and County >Jaf 'Philadelphia, to remove the record of á judgment entered for want of the affidavit of defence required by the act of the 28th March, 1835. The action was in covenant, and brought by William Phillips against Michael Watkins. i The plaintiff filed a statement, setting forth that the defendant was indebted to him for ground-rent for a certain period; reserved in four several…
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This case came before the court, on a writ of error to the District Court for the City 'and County >Jaf 'Philadelphia, to remove the record of á judgment entered for want of the affidavit of defence required by the act of the 28th March, 1835. The action was in covenant, and brought by William Phillips against Michael Watkins. i The plaintiff filed a statement, setting forth that the defendant was indebted to him for ground-rent for a certain period; reserved in four several indentures, and amounting tó a certain sum, with ’interest. He also filed a copy of each of the deeds; which contained,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
We agree, with the Court in Hansell v. Nelson, (1 Miles, 342,) that a ground-rent deed is an instrument of writing for the payment of money, within the meaning of the 2d section i>f the act of the 28th of March, 1835, which authorises the court to enter judgment, for want of an affidavit of defence. Nor do we. think it material that the deed contains other covenants, provided it appear on the record (as it does here,) that the action is brought on the covenant for the payment of money, which is the principal covenant. The act extends to all…
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- Fitzpatrick v. RogersSuperior Court of Pennsylvania · 1920
- Riott v. BlackstoneSuperior Court of Pennsylvania · 1899
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