Brown v. Johnson
Supreme Court of Pennsylvania
On a writ of error to the District Court for the city and county of Philadelphia, it appeared that this was an ejectment for a lot of ground in the city of Philadelphia, brought by the defendant in error, Echles Johnson, against the plaintiff in error, Edith Brown.
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On a writ of error to the District Court for the city and county of Philadelphia, it appeared that this was an ejectment for a lot of ground in the city of Philadelphia, brought by the defendant in error, Echles Johnson, against the plaintiff in error, Edith Brown. On the first day of January, 1799, Charles Hurst granted to David Eahin, his heirs and assigns, a lot of ground on Hurst street, in the city of Philadelphia, containing in front twenty-two feet, and in depth ninety feet, to Gillis’s alley, reserving thereout a rent charge of twenty-nine dollars and one third of a dollar payable to…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The plaintiff claims as a purchaser at a sheriff’s sale under a judgment on a covenant to secure the payment of a rent charge, and the defendant claims a part of the premises as a purchaser from the covenantor. The deed by which the charge was created, contains not only a covenant to pay, but the usual clauses of distress and re-entry; so that the premises were clearly chargeable in a proceeding directly against them, and the principal question is, whether the same effect may be produced by proceeding against the person. Whatever may be…
2Cases cited1 opinion
- M'Call v. LenoxSupreme Court of Pennsylvania · 1823
3Cited by4 opinions
- Frey v. Fitzpatrick-Cromwell Co.Supreme Court of Louisiana · 1902
- Thiel v. ConradSupreme Court of Louisiana · 1869
- Bolton v. HamiltonSupreme Court of Pennsylvania · 1841
- Nolan v. HarrisLouisiana Court of Appeal · 1914