Barber v. Lefavour
Supreme Court of Pennsylvania
Appeal, No. 112, Jan. T., 1896, by-plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1890, No. 50, on verdict for defendant, Patrick Mullen, terre tenant. Assumpsit for arrears of ground rent due upon deed described in the opinion of the Supreme Court. Before Penny-packer, J. The defendant was not served. The issue was between the plaintiff and terre tenant.
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Appeal, No. 112, Jan. T., 1896, by-plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1890, No. 50, on verdict for defendant, Patrick Mullen, terre tenant. Assumpsit for arrears of ground rent due upon deed described in the opinion of the Supreme Court. Before Penny-packer, J. The defendant was not served. The issue was between the plaintiff and terre tenant. The evidence tended to show that the lot of land in question fronted forty feet on Cedar street, extending by parallel lines forty-six feet eight and one-fourth inches, and then widening, so that at the rear on Spangler street…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The ground rent in question was reserved by the deed of March 1, 1855, from George C. Barber to Daniel Lefavour. It. was conveyed by Barber to Joseph H. Duckett by deed dated November 23, 1857, and by Duckett to Richard Y. Boswell by deed dated May 4, 1861. Boswell conveyed it to Benjamin B. Barber by deed dated October 27, 1882. The consideration named in each conveyance of the ground rent was f3,750. There has been no payment of this ground rent, or on account of it, since its reservation in 1855.
On the 2d of April, 1866, the lot in which the ground rent, was…
2Cited by3 opinions
- Murphy v. GreenSuperior Court of Pennsylvania · 1911
- Stephenson's EstateSupreme Court of Pennsylvania · 1917
- McAlpin v. Simpson, Pennsylvania Court of Common Pleas, Philadelphia County1946