Legal Opinion

Trust Co. v. Hodges

Superior Court of Pennsylvania

Decided November 19, 1900No. Appeal, No. 25PublishedCited by 1 opinion

Appeal, No. 25, Oct. T., 1900, by Henry K. Wampole, in suit of tbe Real Estate Title Insurance & Trust Company, trustee, etc., against Charles Hodges and Henry K. Wampole, terre-tenant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1899, No. 619, for want of a sufficient affidavit of defense. Opinion by W. D. Porter, J. W. W. Porter, J., dissents. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc.

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Appeal, No. 25, Oct. T., 1900, by Henry K. Wampole, in suit of tbe Real Estate Title Insurance & Trust Company, trustee, etc., against Charles Hodges and Henry K. Wampole, terre-tenant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1899, No. 619, for want of a sufficient affidavit of defense. Opinion by W. D. Porter, J. W. W. Porter, J., dissents. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that this was an action of assumpsit for a ground rent deed dated April 29,1826, to recover the sum of $ 16.00 alleged to be…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

From seventy years prior to the date at which the instalment for which this action is brought became due, the defendant and those under whom he claims had regularly paid ground rent to the plaintiff and its predecessors in title. The defendant now seeks to escape further payments upon the theory that the ground rent was not reserved at the time of the grant of the land to Charles Hodges by Louis Desauque, on April 29, 1826 ; it is, therefore, only necessary to consider the effect of the agreement between Louis Desauque and Charles Hodges, and the formal deed…

2Cases cited6 opinions

  1. Lessee of Stouffer v. ColemanSupreme Court of Pennsylvania · 1794
  2. Heckerman v. HummelSupreme Court of Pennsylvania · 1852
  3. Wallace v. Fourth United Presbyterian ChurchSupreme Court of Pennsylvania · 1886
  4. Stewart's Administrators v. LangSupreme Court of Pennsylvania · 1860
  5. Stokely v. TroutSupreme Court of Pennsylvania · 1834

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Huehner v. FisherSuperior Court of Pennsylvania · 1915

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