Howard v. Murray

Citations

• 203 Pa. 464
• 53 A. 342
• 1902 Pa. LEXIS 739

Syllabus

<p>Ejectment — Deed—Covenants—Charge on land — Equitable powers of the court.</p> <p>In an action of ejectment where it appears that the plaintiffs’ grandparents conveyed to plaintiffs’ mother the land in controversy in fee, and that on the same day the grantee by a separate paper covenanted to leave her parents in possession during their lives, and to pay certain amounts of money to her brothers and sisters, the plaintiffs, as heirs of their deceased mother, are entitled to possession of the land as against certain persons in possession who are entitled to payments under the covenants of the plaintiffs’ mother, and may maintain their action without any previous tender of the money due the defendants; but the court in directing a verdict for plaintiffs will make an additional order that no habere facias possessionem shall issue until plaintiffs pay into court, or to the defendants, the moneys due to the defendants.</p>