Leibert v. Heitz
Supreme Court of Pennsylvania
Appeal, No. 281, Jan. T., 1899, by James Arthur, defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1897, No. 221, on verdict for plaintiff. Assumpsit to recover the sum of $486, six months’ arrears of ground rent, due May 15, 1897. From the record it appeared that James Arthur, the terretenant, was suggested of record as a defendant.
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Appeal, No. 281, Jan. T., 1899, by James Arthur, defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1897, No. 221, on verdict for plaintiff. Assumpsit to recover the sum of $486, six months’ arrears of ground rent, due May 15, 1897. From the record it appeared that James Arthur, the terretenant, was suggested of record as a defendant. At the trial James Arthur, the terre-tenant, being on the stand, the following offer was made by his counsel: I offer to prove by this witness that he is the terre-tenant and owner of the lot of ground mentioned in the ground-rent deed given by…
1Opinion of the Court
Opinion by
Mb. Justice McCollum:,
This was an action of assumpsit for the recovery of arrears of ground rent. If was brought against Jacob R. Heitz to whom the deed, in which the ground rent was reserved, was made by the plaintiff. Heitz interposed no defense to the action, but James Arthur under a deed from him intervened as terre-tenant. *597The plaintiff put in evidence his deed to Heitz and rested. Thereupon Arthur made two offers of evidence which were rejected, and there being no other offer made, the court directed a verdict for the amount of the plaintiff’s claim. From the judgment entered…
2Cases cited2 opinions
- Provident Life & Trust Co. v. FissSupreme Court of Pennsylvania · 1892
- Mangle v. StilesSupreme Court of Pennsylvania · 1855
3Cited by1 opinion
- Connor v. SchildtSuperior Court of Pennsylvania · 1901