Wallace v. Harmstad
Supreme Court of Pennsylvania
Error to tlie District court of Philadelphia. This was an action of replevin, by Edwin Harmstad against Mrs. Alice Wallace, who avowed for rent in arrear as reserved in one of the four ground-rent deeds, the validity of which was passed upon by this court in the cases of Arrison v. Harmstad, 2 Barr 191, and Wallace v. Harmstad, 3 Harris 462. The material facts connected with these cases will he found in the reports of these cases, and are in substance as follows:— In the…
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Error to tlie District court of Philadelphia. This was an action of replevin, by Edwin Harmstad against Mrs. Alice Wallace, who avowed for rent in arrear as reserved in one of the four ground-rent deeds, the validity of which was passed upon by this court in the cases of Arrison v. Harmstad, 2 Barr 191, and Wallace v. Harmstad, 3 Harris 462. The material facts connected with these cases will he found in the reports of these cases, and are in substance as follows:— In the fall of 1838 Mathew Arrison agreed to sell to four brothers Harmstad, four adjoining lots of ground, reserving out of each…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
It is not to be doubted that the cases of Arrison v. Harmstad, 2 Barr 191, and Wallace v. Harmstad, 3 Harris 462, do decide that by reason of the fraudulent alteration of the deeds, reserving the ground-rent in question, neither an action of debt or covenant would lie on any one of the deeds for reco*494very of the rent, nor is it recoverable in an action on the verbal contract under which possession was obtained, nor in any action for use and occupation of the premises. Setting aside all the obiter dicta of those cases, they clearly…
2Cases cited2 opinions
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- Logan v. SiggersonIndiana Supreme Court · 1829
3Cited by11 opinions
- Bradford v. MartinSupreme Court of Iowa · 1925
- McClenachan v. MalisSupreme Court of Pennsylvania · 1932
- De Jong v. County of ChesterCommonwealth Court of Pennsylvania · 1986
- Dutch Corner Historical Society v. StahlCommonwealth Court of Pennsylvania · 2013
- Murdock v. John B. Stetson Co., Pennsylvania Court of Common Pleas, Philadelphia County1963
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