McCracken v. Roberts
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an ejectment to April Term, 1850, by Gr. W. Roberts and others, devisees of John Roberts, deceased, v. John McCracken and others, for a lot, No. 7, in Bayard’s plan of lots in the city of Pittsburgh. Plaintiff's claimed under the will of John Roberts, who devised all his real and personal estate, after the payment of his debts, to his three children, who were plaintiffs in the suit.
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Error to the District Court of Allegheny county. This was an ejectment to April Term, 1850, by Gr. W. Roberts and others, devisees of John Roberts, deceased, v. John McCracken and others, for a lot, No. 7, in Bayard’s plan of lots in the city of Pittsburgh. Plaintiff's claimed under the will of John Roberts, who devised all his real and personal estate, after the payment of his debts, to his three children, who were plaintiffs in the suit. He died in 1821, his will being dated 14th February, 1821, and proved on 23d February, 1821, in Washington county. The defendants claimed under a sheriff’s…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
The lot in dispute was owned by George A. Bayard, and was sold by him to one Hazleton, who conveyed it to John Roberts, whose children and devisees are the plaintiffs below. Bayard’s deed to Hazleton, as well as that of Hazleton to Roberts, reserved a ground-rent of $87.50, payable quarterly to Bayard, with a provision that if the rent should remain unpaid for two years, Bayard might re-enter and lease it until the rent was paid, and then tender it back to the grantor, his heirs or assigns. The rent was in arrear, and Bayard entered more…
2Cited by5 opinions
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