Rushton v. Lippincott

Citations

• 119 Pa. 12
• 12 A. 761
• 1888 Pa. LEXIS 519

Syllabus

<p>1. An action of covenant upon a ground-rent deed, where it is not sought to enforce the judgment against real estate of the deceased covenantor other than that out of which the rent is reserved, is not within § 34, act of February 24, 1834, P. L. 80, requiring the widow and heirs or devisees to be made parties thereto.</p> <p>2. A sheriff’s sale of real estate, on a judgment in covenant for ground-rent reserved, discharges a mortgage upon the premises subsequent to the ground-rent deed; and this, notwithstanding the purchaser is the husband of one of several heirs at law to the land who have suffered the ground-rent to become in arrear.</p>