Hannen v. Ewalt
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of covenant on a ground-rent deed, to recover arrears of ground-rent. It was brought by Richard Ewalt against John Hannen, Hugh Davis, and Alexander Stevenson. The lot of ground in Pittsburgh, on which the ground-rent was charged, had belonged to Samuel Ewalt, who conveyed to Bantin and Kepner in fee, subject to a ground-rent of $160 per annum, payable semi-annually.
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Error to the District Court of Allegheny county. This was an action of covenant on a ground-rent deed, to recover arrears of ground-rent. It was brought by Richard Ewalt against John Hannen, Hugh Davis, and Alexander Stevenson. The lot of ground in Pittsburgh, on which the ground-rent was charged, had belonged to Samuel Ewalt, who conveyed to Bantin and Kepner in fee, subject to a ground-rent of $160 per annum, payable semi-annually. The title of Bantin and Kepner became vested in A. Brackenridge, by whom, by deed dated 13th February, 1843, it was conveyed to John A. Wills, John Hannen, and…
1Opinion of the Court
The opinion of the Court was delivered by
Chambers, J.
This is an action of covenant by assignees of the lessor, against the assignees of lessee, for arrears of ground-rent.
The first error relied on in the argument of the plaintiff in error, is, that Hannen and Davis, assignees of Brackenridge, and Stevenson, assignee of John A. Wills, could not be joined in the same action.
The defendants are assignees, by virtue of various mesne assignments of the original lessees, Bantin and Kepner; and as such are bound by privity of estate for covenants in law to pay the rent reserved: Comyn on Law of Land,…
2Cited by7 opinions
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- Lowry v. Atlantic Coal Co.Supreme Court of Pennsylvania · 1922
- McClaren v. Citizens' Oil & Gas Co.Superior Court of Pennsylvania · 1900
- Sachse v. MyersSuperior Court of Pennsylvania · 1900
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