Chew v. Commissioners of Southwark
Supreme Court of Pennsylvania
Error to the District Court of the City and County of Philadelphia. i The plaintiff claimed in this action as tenant by the curtesy, to recover certain rent charges. The case was this : On the 30th January, 1793, John Lam'ence and wife, conveyed certain lots of ground to Ann Penn Allen, in trust for herself and her sisters Margaret and Mary Allen. Ann Penn Allen, conveyed on the 1st February, 1793, to Asa Copeland on ground rent, under whom the defendants claimed.
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Error to the District Court of the City and County of Philadelphia. i The plaintiff claimed in this action as tenant by the curtesy, to recover certain rent charges. The case was this : On the 30th January, 1793, John Lam'ence and wife, conveyed certain lots of ground to Ann Penn Allen, in trust for herself and her sisters Margaret and Mary Allen. Ann Penn Allen, conveyed on the 1st February, 1793, to Asa Copeland on ground rent, under whom the defendants claimed. The rent was reserved in common to herself and her two sisters Margaret and Mary. In 1793, Margaret intermarried with William…
1Opinion of the Court
The opinion of the court'was delivered by
Kennedy, J.
The rent in question being of the nature of a rent charge, the plaintiff claims a right to receive it as tenant by the curtesy. That a husband under a concurrence of certain circumstances, may become tenant by the curtesy of such estate, cannot be questioned. Co. Lit. 29, a. These circumstances according to Littleton, sec. 35, and Lord Coke, Co. Lit. 30, a. are marriage, seisin of the wife, issue and death of the wife. There seems to be no difficulty presented in this case, in regard to any of these things, except that of the seisin of the…
2Cases cited3 opinions
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Bush v. BradleySupreme Court of Connecticut · 1810
- Shoemaker v. WalkerSupreme Court of Pennsylvania · 1814
3Cited by8 opinions
- McKee v. JonesSupreme Court of Pennsylvania · 1847
- Sanders's EstateSuperior Court of Pennsylvania · 1909
- Buchanan v. DuncanSupreme Court of Pennsylvania · 1861
- Owens v. JabineSupreme Court of Arkansas · 1908
- Brandmeier v. Pond Creek Coal Co.Supreme Court of Pennsylvania · 1907
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