Sachse v. Myers

Citations

• 15 Pa. Super. 425
• 1900 Pa. Super. LEXIS 371

Syllabus

<p>Ground rent — Grantee's liability — Act of 1878— Under and subject.</p> <p>There can be no doubt of the application of the Act of June 12, 1878, P. L. 205, to the case of a grantee of land subject to a ground rent reserved in a deed executed since the passage of the act; and it is equally well settled that the act does not apply to the case of such grantee whose deed was executed before the passage of the act. But, there is nothing in the words of the act to warrant the conclusion that, in an action by the ground rent owner against the owner of the land, the “ under and subject” clause in a future grantee’s deed was intended to be interpreted one way, if the ground rent was created before the passage of the act and another way if created afterward.</p> <p>Ground rent — Subsequent to aclofl&lS — Creation by prior conveyance— Grantee's liability.</p> <p>The provision of the act of 1878 that the grantee of real estate which is subject to ground rent shall not be personally liable for the payment thereof, unless he shall, by an agreement in writing, have expressly assumed a personal liability therefor, or there shall be express words in the deed of conveyance stating that the grant is made on condition of the grantee assuming such personal liability, was intended to be prospective only; therefore it does not apply to grantees, after the date of the act, of real estate subject to ground rent reserved before the act.</p>