McQuesney v. Hiester
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action of covenant by Jonathan D. Hiester against William McQuesney, for twenty-eight years’ arrears of a ground-rent of ten shillings per annum, on a lot in the borough of Manheim, reserved by a deed from William Bausman and others, to John Myers, dated the 28th October 1796. The ground-rent deed contained the usual clauses of distress and of re-entry; and the plaintiff showed title to the ground-rent under the…
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Error to the Common Pleas of Lancaster county. This was an action of covenant by Jonathan D. Hiester against William McQuesney, for twenty-eight years’ arrears of a ground-rent of ten shillings per annum, on a lot in the borough of Manheim, reserved by a deed from William Bausman and others, to John Myers, dated the 28th October 1796. The ground-rent deed contained the usual clauses of distress and of re-entry; and the plaintiff showed title to the ground-rent under the parties to whom it was reserved. The defendant derived title to the lot charged with the ground-rent, in 1847, under the…
1Opinion of the Court
*439The opinion of the court was delivered by
Woodward, J.
On the 28th day of October 1796, William Bausman, John Bausman, and Gabriel Hiester, with their wives, conveyed to John Myers in fee, two lots in the town of Manheim, in Lancaster county, reserving to themselves, their heirs and assigns, thereout, an annual ground-rent of ten shillings sterling for each lot. On the 4th January 1858, this action of covenant was brought on the reservation of the deed, for the purpose of recovering twenty-eight years of ground-rent due on one of said lots, of which the defendant, McQuesney, became the owner in…
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