Appeal of Wingett

Citations

• 122 Pa. 486
• 15 A. 864
• 1888 Pa. LEXIS 627

Syllabus

<p>1. A legacy, claimed to be a charge upon land, is within the operation of § 7, act of April 27, 1855, P. L. 369, rendering a ground-rent, annuity, or other charge upon real estate irrecoverable, without payment, claim or demand, or a declaration or acknowledgment of its existence, within twenty-one years.</p> <p>2. The burden of proof to show such payment, claim or demand, or declaration or acknowledgment, is upon the claimant: the statute need not be pleaded, and the defence may be made under the general issue, or set up before an auditor where no formal pleadings are provided for.</p>