Legal Opinion

Cadwalader v. Springsteen

Superior Court of Pennsylvania

Decided April 20, 1908No. Appeals, Nos. 167 and 168PublishedCited by 2 opinions

Appeals, Nos. 167 and 168, Oct. T., 1907, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1904, Nos. 3,541 and 3,542, on verdict for defendants in case of John Cadwalader, trustee under the will of Peter McCall, deceased, v. Benjamin R. Springsteen, Covenator, and Deborak S. Kirk, terre-tenant. Feigned issue under Act of June 14, 1897, P. L. 149, to determine whether a ground rent had been extinguished by presumption of law.

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1Opinion of the Court

Opinion by

Head, J.,

This was a feigned issue under the Act of June 14, 1897, P. L. 149, to determine whether or not a certain ground rent had become extinguished by presumption of law. As prescribed in the act, the person claiming to own the ground rent was made plaintiff, whilst the original covenantor, under a deed made in 1850, and the petitioner, present owner of the premises, became the defendants.

At the conclusion of the trial the learned judge presiding being of the opinion that the plaintiff’s right, under all of the facts which were not in dispute, was barred by the seventh section of…

2Cases cited5 opinions

Clay v. IsemingerSupreme Court of Pennsylvania · 1898
Appeal of WingettSupreme Court of Pennsylvania · 1888
Clay v. McCreanorSuperior Court of Pennsylvania · 1899
Wallace v. Fourth U. P. ChurchSupreme Court of Pennsylvania · 1893
Biddle v. HoovenSupreme Court of Pennsylvania · 1888

3Cited by2 opinions

Murphy v. GreenSuperior Court of Pennsylvania · 1911
McAlpin v. Simpson, Pennsylvania Court of Common Pleas, Philadelphia County1946