Wallace v. Fourth U. P. Church
Supreme Court of Pennsylvania
Appeal, No. 230, Oct. T., 1892, by defendant, from judgment of C. P. No. 1, Allegheny Co., June term, 1885, No. 226, on verdict for plaintiffs, Chas. Wallace et al., children of Chas. Wallace and heirs of Geo. Wallace. Covenant for arrears of ground rent payable yearly. The facts appear by the opinion of the Supreme Court. At the trial, the court, Stowe, P. J., refused binding instructions for defendant, and directed verdict for plaintiff.
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Appeal, No. 230, Oct. T., 1892, by defendant, from judgment of C. P. No. 1, Allegheny Co., June term, 1885, No. 226, on verdict for plaintiffs, Chas. Wallace et al., children of Chas. Wallace and heirs of Geo. Wallace. Covenant for arrears of ground rent payable yearly. The facts appear by the opinion of the Supreme Court. At the trial, the court, Stowe, P. J., refused binding instructions for defendant, and directed verdict for plaintiff. Errors assigned were, (1, 2) such instructions, quoting them.
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The ownership of the ground rent in controversy in this case was in George Wallace, the younger, at the time of his *260death in 1826. This was settled in Wallace et al. v. The Church, 111 Pa. 164. By his will George Wallace, the younger, gave the ground rent to his wife, Jane, for life. He left no issue surviving him, and upon the death of Jane Wallace the ground rent fell, so far as we can now see, upon the issue of his brother Charles as his heirs at law. The plaintiffs in this action are among the heirs at law of Charles, and therefore among the heirs at law of…
2Cases cited8 opinions
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- Milne's AppealSupreme Court of Pennsylvania · 1882
- Boustead v. CuylerSupreme Court of Pennsylvania · 1887
- Korn v. BrowneSupreme Court of Pennsylvania · 1870
- Appeal of AndressSupreme Court of Pennsylvania · 1882
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3Cited by6 opinions
- Clay v. IsemingerSupreme Court of Pennsylvania · 1898
- Murphy v. GreenSuperior Court of Pennsylvania · 1911
- Cadwalader v. SpringsteenSuperior Court of Pennsylvania · 1908
- Stephenson's EstateSupreme Court of Pennsylvania · 1917
- Clauhs v. QuinnPennsylvania Court of Common Pleas · 1953
1 more not listed; retrieve them via the Exa API.