Rushton v. Lippincott
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 159 July Term 1887, Sup. Ct.; court below, No. 45 September Term 1880, C. P. No. 2. On August 20, 1880, Willie Rushton brought an action of ejectment against William A. Lippincott, to recover a house and lot on the west side of Eighth street above Fairmount avenue.
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ERROR TO THE COURT OE COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 159 July Term 1887, Sup. Ct.; court below, No. 45 September Term 1880, C. P. No. 2. On August 20, 1880, Willie Rushton brought an action of ejectment against William A. Lippincott, to recover a house and lot on the west side of Eighth street above Fairmount avenue. The cause was put at issue by rule to plead on May 21, 1886, under a disclaimer by the defendant of part of the land in dispute and a plea of not guilty as to the residue. At the trial on October 28, 1886, the facts appeared: On October 9,1846, one Steimnetz…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
This was an action of ejectment. Upon the trial beíow the defendant offered in evidence, as part of his title, the record of a sheriff’s sale of the property upon a judgment recovered in an action of covenant upon a ground rent. The action was brought against the administrator of the original covenantor, and was for the arrears accruing since his death.
It is settled that the personal representatives of the covenantor may be sued for the breaches of the covenant in the ground-rent deed, occurring after his death, but the judgment will be restricted to the land bound…
2Cases cited7 opinions
- Rauch v. DechSupreme Court of Pennsylvania · 1887
- Wallace v. BlairSupreme Court of Pennsylvania · 1854
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- Provident Trust Co. v. Hofstetter, Pennsylvania Court of Common Pleas, Delaware County1935
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