Murphy v. Green
Superior Court of Pennsylvania
Appeal, No. 172, Oct. T., 1910, by defendants, from judgment of C. P. No. 4, Phila. Co., March T., 1909, No. 2,268, on verdict for plaintiff in case of Margaret Murphy, Assignee of Francis H. Thole, Trustee for John Roberts et al., Devisees of Eliza Roberts, deceased, Original Covenantee, v. John Roberts, Original Covenantor, and Freda B. Green, Real Owner. Assumpsit to recover a ground rent. Before Auden-ried, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 172, Oct. T., 1910, by defendants, from judgment of C. P. No. 4, Phila. Co., March T., 1909, No. 2,268, on verdict for plaintiff in case of Margaret Murphy, Assignee of Francis H. Thole, Trustee for John Roberts et al., Devisees of Eliza Roberts, deceased, Original Covenantee, v. John Roberts, Original Covenantor, and Freda B. Green, Real Owner. Assumpsit to recover a ground rent. Before Auden-ried, J. The facts are stated in the opinion of the Superior Court. Error assigned was in refusing to enter judgment for defendant non obstante veredicto. At the time the ground rent deed…
1DissentHead, J.
Even if the Act of April 27, 1855, P. L. 368, could be fairly regarded as an isolated enactment, it would be difficult for me to find, within the limits marked by its expressive language, a foundation to support the interpretation of it declared in the majority opinion. To my mind this difficulty becomes insurmountable if we view that act as but one step in the long march of legislation, the ultimate object of which was to “unfetter” real estate and make it freely alienable. That it must be so viewed, its every section seems to assert. The first and perhaps most familiar one declares that…
2Cases cited1 opinion
- Biddle v. HoovenSupreme Court of Pennsylvania · 1888