Clark v. Martin
Supreme Court of Pennsylvania
Certificate from Nisi Prius. This was an appeal by John C. Clark, from the decree of the Supreme Court at Nisi Prius, dismissing a bill filed against John L. Martin, with costs.
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Certificate from Nisi Prius. This was an appeal by John C. Clark, from the decree of the Supreme Court at Nisi Prius, dismissing a bill filed against John L. Martin, with costs. The defendant, at the time the bill was filed, was the owner of a .“three-story brick messuage, with the one-story back building or dining-room thereto attached,” and lot at the southwest corner of Eighth and Locust streets, in the city of Philadelphia, twenty-two feet six inches front on Eighth street, and one hundred feet deep on Locust street, to a ten feet wide alley. The complainant had been since 1851 the owner…
1Opinion of the Court
The opinon of the court was delivered, by
Lowrie, C. J.
In 1814, Drosddorf and Roberts bought the corner lot from Alexander Henry subject to a perpetual rent, and with the condition written in this deed, that they, their heirs *297and assigns, should not erect any building on the hack part of it higher than ten feet; Henry being then the owner of the lot adjoining on the south. The corner lot afterwards passed successively to five different owners, the last of whom is the defendant Martin, and in all the deeds the same condition is repeated; so that Martin himself in 1858 purchased on these express…
2Cases cited4 opinions
- Stuyvesant v. Mayor of New-YorkNew York Court of Chancery · 1845
- Brouwer v. JonesNew York Supreme Court · 1856
- Bleeker v. BinghamNew York Court of Chancery · 1831
- Tallmadge v. East River BankThe Superior Court of New York City · 1853
3Cited by33 opinions
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- Landell v. HamiltonSupreme Court of Pennsylvania · 1896
- Halle v. NewboldCourt of Appeals of Maryland · 1888
- Baederwood, Inc. v. MoyerSupreme Court of Pennsylvania · 1952
- Orne v. FridenbergSupreme Court of Pennsylvania · 1891
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