Rohn v. Odenwelder
Supreme Court of Pennsylvania
Appeal, No. 92, Jan. T., 1894, by defendant, from judgment of C. P. Northampton Co., Oct. T., 1892, No. 86, on verdict for plaintiff. Assumpsit for annuity charged on land, the pleadings setting out the facts as below.
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Appeal, No. 92, Jan. T., 1894, by defendant, from judgment of C. P. Northampton Co., Oct. T., 1892, No. 86, on verdict for plaintiff. Assumpsit for annuity charged on land, the pleadings setting out the facts as below. Before Reeder, J. On the trial, the following facts appeared : On Aug. 7, 1873, Daniel Rohn and Levina, his wife, conveyed the premises in question by deed in fee to Jacob P. Rohn, Jr., their son, “ under and subject nevertheless to the payment of the sum of two hundred and fifty dollars yearly and every year unto the said Daniel Rohn during his natural life on the first day of…
1Opinion of the Court
Opinion by
Mr. Justice Green,
We think the learned court below was correct in the construction given to the clause of the deed creating the charge. It is not really disputed that the charge of $250 annually, in< favor of Daniel Rohn, was a fixed lien, or charge, upon the land! by virtue of the words, “ under and subject nevertheless to Prepayment of the sum of two hundred and fifty dollars yearly and every year unto the said Daniel Rohn,” etc. We think the case of Heist v. Baker, 49 Pa. 9, settles the character of such a charge. The words there were, “Under and subject nevertheless to the…
2Cases cited6 opinions
- Appeal of JeanesSupreme Court of Pennsylvania · 1887
- Addams v. HeffernanSupreme Court of Pennsylvania · 1840
- Hiester v. GreenSupreme Court of Pennsylvania · 1864
- Eichelberger v. GittSupreme Court of Pennsylvania · 1883
- Heist v. BakerSupreme Court of Pennsylvania · 1865
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3Cited by8 opinions
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- Pennsylvania Trust Co. v. DeiningerSupreme Court of Pennsylvania · 1934
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