Barber v. Lefavour

Citations

• 176 Pa. 331
• 35 A. 202
• 1896 Pa. LEXIS 1078

Syllabus

<p>Ground rent — Presumption of extinguishment — Act of April 27, 1855, see. 7.</p> <p>A declaration or acknowledgment of the existence of a ground rent made by the covenantor to a former owner of the ground rent after title had passed out of the former would not prevent or delay an extinguishment of it under the act.of April 27, 1855, P. L. 369. The provision in that act in relation to such declaration or acknowledgment requires that it shall be made by the owner of the premises out of which the ground rent was reserved.</p> <p>Evidence — Ground rent — Collateral security.</p> <p>The testimony of a single witness, uncorroborated, that a conveyance of a ground rent absolute on its face was intended merely as collateral security is insufficient to convert the ground rent deed into a mere security for a debt or loan; and a party claiming to be owner of ground rent under such evidence is not such a person as may receive an acknowledgment of the existence thereof.</p>