Berridge v. Glassey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of July Term, 1885, No. 162. Ejectment by Leeds K. Bemdge and wife, in right of wife, against Jane Glassey, to recover possession of premises on Haverford street in West Philadelphia, containing in front sixteen inches, and in depth one hundred and fifty-three feet three inches, to Rockland street, on which it contains fifteen inches. The plea was, not guilty.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of July Term, 1885, No. 162. Ejectment by Leeds K. Bemdge and wife, in right of wife, against Jane Glassey, to recover possession of premises on Haverford street in West Philadelphia, containing in front sixteen inches, and in depth one hundred and fifty-three feet three inches, to Rockland street, on which it contains fifteen inches. The plea was, not guilty. At the trial defendant disclaimed title to all but the Haverford street and Rockland street fronts, as to which trial was had. The following are the facts as they…
1Opinion of the CourtJustice Trunkey
To adopt the premise of the learned judge of the Common Pleas, respecting the agreement between the parties, inevitably leads to his conclusion that it is a perpetual lease. If indeed the inartificial paper should be treated as containing the essential parts of a deed of conveyance of a freehold estate of inheritance, without words which necessarily qualify the grant in fee, the limit in the habendum to an estate for years is void. But the learned judge has well shown “ that when the premises of a deed contain an express grant to a man and his heirs *455for a te,vm of years, then the limitation…
2Cited by20 opinions
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