Legal Opinion

Korn v. Browne

Supreme Court of Pennsylvania

Decided January 10, 1870PublishedCited by 10 opinions

Error to the Court of Common Pleas of Philadelphia: No. 417, to January Term 1869. This was an action of covenant for ground-rent, by John C. Browne against John Collins, with notice to Henry Korn, terretenant.

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Error to the Court of Common Pleas of Philadelphia: No. 417, to January Term 1869. This was an action of covenant for ground-rent, by John C. Browne against John Collins, with notice to Henry Korn, terretenant. The writ was issued April 14th 1868. The case was tried January 25th 1869 before Ludlow, J. On the 30th of January 1834, William P. Jones conveyed to John Collins a lot of ground, reserving a yearly ground-rent of $24, which ground-rent, on the 12th of October 1829, became vested in Anthony M. Zane. On the 7th of March 1840, Korn recovered a judgment against Zane, under which the…

1Opinion of the Court

The opinion of the court was delivered,

by Read, J.

— But one question has been argued in this case, whether the 7th section of the Act of the 27th April 1855 has a *57retrospective as well as a prospective operation with regard to ground-rents.

“ After a lapse of twenty years, bonds and other specialties, merchants’ accounts, legacies, mortgages, judgments, and indeed all evidence of debt excepted out of the statute, are presumed to be paid. The court will not encourage the laches and indolence of parties, but will presume, after a great length of time, some compensation or release to have been…

2Cases cited2 opinions

  1. Ross v. DuvalSupreme Court of the United States · 1839
  2. Flippin v. HaysCourt of Appeals of Kentucky · 1860

3Cited by10 opinions

  1. Lamb v. Powder River Live Stock Co.Court of Appeals for the Eighth Circuit · 1904
  2. Farmers National Bank & Trust Co. v. Berks County Real Estate Co.Supreme Court of Pennsylvania · 1939
  3. Wooster v. BatemanSupreme Court of Iowa · 1905
  4. Clay v. IsemingerSupreme Court of Pennsylvania · 1898
  5. Clay v. McCreanorSuperior Court of Pennsylvania · 1899

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