Huehner v. Fisher

Citations

• 61 Pa. Super. 533
• 1915 Pa. Super. LEXIS 367

Syllabus

<p>Ground rents — Presumption of grant — Adverse possession — Payment of rental — Marketable title.</p> <p>Where a sheriffs deed dated 1774 conveys premises under and subject to a ground rent, and ten consecutive deeds thereafter down to the year 1810, convey the same land subject to the same ground rent, but there is no deed of record, nor other writing known to exist specifically creating the ground rent, nor any record evidence of the title to the premises being in the owner of the ground rent mentioned in the several conveyances, the law will presume that the ground rent in question was created by a grant.</p> <p>In an action by a vendor of such a ground rent to enforce payment of the purchase-money, where there is no evidence as to how the plaintiffs ancestor became vested in the title to the ground rent, but it appears that the rent was regularly paid to their ancestor and to them for a period of over forty years without any dispute as to the ownership of the ground rent, it will be deemed that the plaintiffs have a title by adverse possession.</p> <p>The title to such a ground rent is good and marketable, and one who purchases it will be compelled to pay the purchase-money.</p>