Wilson v. Iseminger
Supreme Court of the United States
ERROR TO THE' SUPREME COURT OP THE STATE OP PENNSYLVANIA. This was an action of assumpsit brought December, 1896, in the Court of Common Pleas, No. 1, of Philadelphia County, by Harvey G. Clay, ádministrator of the estate of Alexander Osbourne, deceased, against Adam Iseminger, for recovery of arrears of ground rent due on a ground-rent deed between Alexander Osbourne and Jennie M., his wife, and the said .Adam Iseminger, dated January .4, 1854. The statement of particulars…
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ERROR TO THE' SUPREME COURT OP THE STATE OP PENNSYLVANIA. This was an action of assumpsit brought December, 1896, in the Court of Common Pleas, No. 1, of Philadelphia County, by Harvey G. Clay, ádministrator of the estate of Alexander Osbourne, deceased, against Adam Iseminger, for recovery of arrears of ground rent due on a ground-rent deed between Alexander Osbourne and Jennie M., his wife, and the said .Adam Iseminger, dated January .4, 1854. The statement of particulars claimed arrears of ground rent due, under the stipulations of said deed, for the years 1887 to 1896, both inclusive,…
1Opinion of the Court
Me. J usticb Shirks,
after making the above statement, delivered the opinion of tlie court.
The question for determination in this case is whether the seventh section of the act of assembly of the Commonwealth of Pennsylvania of April 27, 1855, the terms of which appear in the foregoing statement, is an act or law impairing the obligation' of contracts within the meaning of the Constitution of the United States.
The peculiar character, under the laws of the State of Penn sylvania, of irredeemable ground rents, must first receive our notice.
It is defined to be a rent reserved to himself and his…
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