Wickersham v. Irwin
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of covenant, brought by Irwin and wife against Thomas Wickersham, to recover $569.33, being the amount of four years’ ground-rent, from October 1, 1844, to October 1, 1848, charged upon a lot in Pittsburgh.
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Error to the District Court of Allegheny county. This was an action of covenant, brought by Irwin and wife against Thomas Wickersham, to recover $569.33, being the amount of four years’ ground-rent, from October 1, 1844, to October 1, 1848, charged upon a lot in Pittsburgh. The wife of Irwin claimed to be heir and devisee of Ewalt, who, by indenture of perpetual lease, dated March 9, 1813, conveyed part of the lot above referred to, to Isaac Wickersham, subject to an annual rent of f>142.33J, payable in half-yearly instalments. The title of Isaac Wickersham to the lot, under the lease, was…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
— This is an action of covenant to recover the arrears of ground-rent, due on an indenture of perpetual lease, by which Samuel Ewalt, deceased, conveyed part of lot 179, in the city of Pittsburgh, to Isaac Wickersham, subject to an annual rent, &c., payable in half-yearly instalments, to the said Ewalt, his heirs and assigns. The defendant, Thomas Wickersham, who was the assignee of the premises, among other matters, pleaded in bar of the action, that he had transferred and assigned over his interest, before any rent became due. On this,…
2Cited by3 opinions
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- McClaren v. Citizens' Oil & Gas Co.Superior Court of Pennsylvania · 1900
- Medical Arts Bldg. Co. v. Minnesota Loan & Trust Co.Court of Appeals for the Eighth Circuit · 1935