Hacker v. Cozzens
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 181. Covenant by William Hacker against Henry D. Cozzens, the original covenantor, in a ground-rent deed, to recover arrears of ground-rent.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 181. Covenant by William Hacker against Henry D. Cozzens, the original covenantor, in a ground-rent deed, to recover arrears of ground-rent. By indenture dated the 31st of December 1841, William Martin and others, trustees, conveyed to Henry D. Cozzens, a lot of ground on Seventh street, south of Fitzwater street, Philadelphia, reserving thereout, by the same indenture, a yearly' ground-rent of $42.50, payable semi-annually. This ground-rent by several mesne conveyances, subsequently became vested in…
1Opinion of the CourtJustice Paxson
This was an action of covenant to recover arrears of ground-rent.' An affidavit of defence was filed by the terre-tenant, who was the purchaser at sheriff’s sale of the premises out of which the ground-rent had been reserved, setting forth that said arrears had been discharged by the sheriff’s sale. The court below held the affidavit sufficient, and refused to enter judgment.
At the time of the sheriff’s sale, the encumbrances upon the property stood in the following order: 1. Ground rent of $42.50, upon which this suit was brought; 2. Ground-rent of $47.50; and *4658. Mortgage of $1100. The…
2Cases cited3 opinions
- Catlin v. RobinsonSupreme Court of Pennsylvania · 1834
- Tower's AppropriationSupreme Court of Pennsylvania · 1845
- Reed v. ReedSupreme Court of Pennsylvania · 1841
3Cited by1 opinion
- Ohio-Pennsylvania Joint Stock Land Bank v. BloughSuperior Court of Pennsylvania · 1935