Huehner v. Fisher
Superior Court of Pennsylvania
Appeal, No. 285, Oct. T., 1915, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1914, No. 873, on verdict for plaintiffs in case of Carl Huehner, et al., v. Mollie Fisher. Assumpsit to collect the purchase-price of a ground rent. Before Carr, J. From the record it appeared that on January 28,1774, a' sheriff’s deed was executed conveying certain land under and subject to the ground rent in question.
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Appeal, No. 285, Oct. T., 1915, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1914, No. 873, on verdict for plaintiffs in case of Carl Huehner, et al., v. Mollie Fisher. Assumpsit to collect the purchase-price of a ground rent. Before Carr, J. From the record it appeared that on January 28,1774, a' sheriff’s deed was executed conveying certain land under and subject to the ground rent in question. Ten consecutive deeds thereafter down to the year 1810, conveyed the same land subject to the same ground rent, but there was no recorded deed or writing produced to show…
1Opinion of the Court
Opinion by
Kephart, J.,
As early as 1774 a deed from the sheriff of Philadelphia County conveyed the premises under and subject to a ground rent. Continuing from that deed, in some ten conveyances, • including the deed to the appellant’s devisors, without interruption, this same land was conveyed subject to the same ground rent. There is no deed of record, nor other writing known to exist, specifically creating this ground rent, nor is there any record evidence of the title to the premises being in the owner of the ground rent mentioned in the several conveyances. The absence of the written…
2Cases cited10 opinions
- Pierce v. CloudSupreme Court of Pennsylvania · 1862
- Newman v. RutterSupreme Court of Pennsylvania · 1839
- Wheatley v. ChrismanSupreme Court of Pennsylvania · 1855
- Heckerman v. HummelSupreme Court of Pennsylvania · 1852
- Wallace v. Fourth United Presbyterian ChurchSupreme Court of Pennsylvania · 1886
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