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GROUND-RENTS.

I. CREATION OF GROUND-RENTS. 1. Orphans' courts may decree vacant lands of minors to be let on ground-rent.

2. Perpetual ground-rents not to be created. 3. Irredeemable ground-rents prohibited. Payment not to be postponed more than 21 years.

4. When no principal sum is fixed in the deed.

II. EXTINGUISHMENT OF GROUND-RENTS. 5. Who may extinguish ground-rents vested in minors, trustees, &c., after decease of grantor. Proceedings in such cases. Court to make decree authorizing executors, &c., to distinguish. Effect thereof. Court may require security from executors, &c.

6. Extinguishment of ground-rents in Philadelphia.

7. Trustees may extinguish ground-rents. Former releases to be valid.

8-9. Common pleas of Philadelphia may decree extinguishment of ground-rents.

10. Courts may decree the extinguishment of irredeemable ground-rents. Citation and notice. 11. Assessment of damages. Decree.

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I. Creation of ground-rents.

P. L. 474.

be let on ground

1. The orphans' court in and for any city or county of this commonwealth, in 16 March 1847 § 2. which vacant ground belonging to the estate of any minor may be situated, may, upon application of a guardian, setting forth that the said vacant ground is unpro- Orphans' courts ductive and expensive, and that it would be to the interest and benefit of such may decree vacant minor, that the said ground should be let on ground-rent, it shall be lawful for lands of minors to said orphans' court to make a decree authorizing the guardian to let the same, or rent. any suitable part thereof, on ground-rent, and make and execute the proper and necessary deeds and conveyances therefor, reserving thereout such a yearly rent as to the said court may seem reasonable and just, to be secured in the usual manner, and making the principal or consideration-money to become payable after the period at which the said minor shall become of full age.

P. L. 553.

2. Whenever a deed or other instrument of writing conveying real estate shall 22 April 1850 § 21. be made, wherein shall be contained a reservation of ground-rent, (2) to become perpetual upon the failure of the purchaser to comply with the conditions therein Perpetual groundcontained, no such covenant or condition shall be so construed as to make the said rents not to be ground-rent a perpetual incumbrance upon the said real estate; but it shall and may be lawful for the purchaser thereof, at any time after the said ground-rent shall have fallen due, to pay the full amount of the same, and such payment shall be a complete discharge of such real estate from the incumbrance aforesaid. (a)

created.

P. L. 161.

hibited.

3. No irredeemable or non-extinguishable ground-rent shall be charged upon, 24 June 1885 § 1. or be reserved out of, or for any land within this commonwealth. Nor shall any omission to provide for the redemption of any ground-rent, or rent-charge, nor Irredeemable any option, agreement, contract, covenant or condition contained in any deed ground-rents prohereafter to be made, charging or reserving ground-rent, be in anywise construed or interpreted to make such ground-rent irredeemable, or prevent the extinguishment thereof; nor shall any ground-rent or rent-charge, hereafter to be charged Payment not to be or reserved as aforesaid, be construed or interpreted to be, or become irredeem- postponed for more able or non-extinguishable, by reason of any failure to pay the sum of money, years, &c.

(2) A ground-rent reserved upon a conveyance in fee, is a rent-service, and not a rent-charge. Ingersoll v. Sergeant, 1 W. 337. Yet, the right of distress is not incident to it, by reason of the tenure, but only by force of the express power of distress reserved by the deed. Wallace v. Harmstad, 44 P. S. 592. And payment cannot be enforced by ejectment. Kenege v. Elliott, 9 W. 258. It is a separate estate from the ownership of the land. Me Quigg v. Morton, 39 P. S.

31.

(a) This act applies to cases in which there is a Covenant to pay a certain sum of money, within a fixed period, in extinguishment of a ground-rent reserved by deed; in such case, the ground-rent does not become irredeemable by lapse of time. Springer v. Phillips, 71 P. S. 60. But where a ground-rent is reserved, with an option to the grantee to extinguish the same, by paying a capitalized sum, within a cer

than twenty-one

tain number of years, but without any covenant on his part to pay the same, the statute has no application; the ground-rent becomes irredeemable, after the lapse of the fixed period. Palairet v. Snyder, 15 W. N. C. 180. An act providing for the extinguishment of irredeemable ground-rents, is unconstitutional. Palairet's Appeal, 67 P. S. 479. A ground-rent created prior to the passage of the act of 1850, is only extinguishable by agreement. Elcock v. Conover, 11 W. N. C. 216. Where the deed is made subsequent to this act and contains a clause permitting the grantee to pay the principal within a certain time, and a covenant to pay the principal within said time and a provision for enforcement, the ground-rent so reserved is redeemable at any time after the expiration of the time fixed. Quigley v. Philadelphia Insurance, Trust and Safe Deposit Co., 34 W. N. C. 143.

P. L. 161.

24 June 1885 § 1. mentioned in the deed to be paid for the extinguishment of the rent, within the time fixed by the deed, nor shall the period for the extinguishment of any such rent be postponed longer than twenty-one years, or a life, or lives in being. And it shall be lawful for the owner or owners of the real estate, upon or out of which any such rent shall hereafter be charged or reserved, to pay at the time fixed by deed, or by this act, or at any time thereafter, the full amount of the principal of said rent with all arrearages of the said rent to the time of such payment.

deed.

Ibid.

4. In case there shall not be any principal sum fixed for the extinguishment When no principal of the ground-rent, in the deed charging or reserving the same, then said groundsum is fixed in the rent may be redeemed or extinguished by the payment of such sum, as will produce a yearly interest, equal in amount to the said annual rent, at the legal rate of interest in force at the time of the reservation of the said ground-rent, together with all arrearages of rent to the time of payment. Which said payment shall be a complete discharge of such real estate, from the said rent and the principal thereof, and the incumbrance thereof, and the same shall thereafter cease and be forever extinguished, and the covenant for the payment of said rent shall thereupon become void, and such owner or owners of said real estate shall thereupon be entitled to receive at the cost of such owner or owners, a sufficient release and discharge of such rent so extinguished as aforesaid.

5 Feb. 1821 § 1. 8 Sm. 355.

Who may extin

trustees, &c., after

Proceedings in such cases.

II. Extinguishment of ground-rents.

5. In any case which hath occurred or may occur within this commonwealth, where lands, lots, tenements or other real estate have been or may hereafter be granted by deed or other assurance in law, whereby the grantor or grantors has or guish ground-rents have reserved or may reserve to him, her or themselves, his, her or their heirs and vested in minors, assigns, any ground-rent or other rent, and whereby there was granted, or may be decease of grantor. granted the privilege of demanding a release or extinguishment of the same, upon the payment of a sum of money or other equivalent specified in such deed or other assurance, and where such grantor or other owner of such rents hath died, or may die, and by which event, or in any other manner, the right to the same rents reserved as aforesaid, is, or shall become vested in minors, trustees, or other persons not authorized to release or extinguish the rents aforesaid,(b) it shall and may be lawful for the executors or administrators of such grantors, or other owners of the rents aforesaid, the guardian of such minor or trustee, or other person or persons authorized for the time being to receive such rents, (c) or for the grantee, or the heirs or assigns of the grantee of the lands, lots, tenements or other real estates, on which the said ground-rents have been or may be reserved, to present a petition to the supreme court of this commonwealth, or to the court of common pleas of the county where the lands, lots, tenements or real estates on which the said ground-rents are or may be chargeable shall lie, praying that a release or discharge of said ground-rents may be executed by the executors or administrators of such grantors or other owners of the rents aforesaid, the guardian of such minor or trustee, or other person or persons authorized for the time being to receive such rents, in such manner and form as the said court shall judge to be consistent with the true intent and meaning of the parties to the deed or other Court to make de- assurance by which the rents aforesaid have been or may be reserved;(d) and the cree, authorizing said court, having considered the prayer of the said petition, and the contract or evidence of contract whereupon it is founded, and having adjudged the same to be obligatory between the parties, shall make an order authorizing and requiring the said executors or administrators, and such grantors or other owners of the rents aforesaid, the guardian of such minor or trustee, or other person or persons authorized for the time being to receive such rents, on payment being made to him, her or them, of all arrearages or rent and interest due thereon, if any, and of the additional sum of money or other equivalent specified in the deed or other assurance, by which the rents aforesaid were originally reserved, to make and execute a sufficient release or discharge of such yearly ground-rents;(e) and the same being made and executed, and proved or acknowledged, and recorded according to law, shall be of like force and effect in extinguishing said ground-rents, as if the same had been executed by the grantor or grantors of the said lands, lots. Court may require tenements or real estates, in his, her or their lifetime: Provided, That the court security from exe- in which the proceedings aforesaid shall be had, may in their discretion require that the executor or executors, administrator or administrators, guardian or guar

executors, &c., to extinguish.

Effect thereof.

cutors, &c.

(b) See Ex parte Huff, 2 P. S. 227. (c) The executors of the grantor cannot be decreed to extinguish a ground-rent, unless they are entitled to the principal for payment of debts. Conard's Appeal, 33 P. S. 47. Klages's Petition, 10 W. N. C. 81. But when a redeemable ground-rent has become vested in executors, in trust, they may execute a deed of extinguishment, without an application to the court. Spangler's Estate, 4 W. N. C. 74. De Courcy's Estate, 39 L. I. 392. Spangler's Estate, 13 W. N. C. 535. Bouvier's Estate, 14 Ibid. 535.

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8 Sm. 355.

dians, trustee or trustees aforesaid, shall, before execution of the release and 5 Feb. 1821 § 1. perfecting the title as aforesaid, give a bond to the commonwealth, with one or more sufficient securities, in such penalty as the court may direct, conditioned for the proper and legal appropriation of the money or other equivalent; which bond shall be filed with the clerk of the court aforesaid, for the use of the persons interested.

P. L. 840.

for distribution.

6. In all cases, in the city and county of Philadelphia,(g) in which ground- 6 Sept. 1860 § 1. rents have been or shall hereafter be created by reservation on the sale of any real estate, and judgments, or other lien or liens, have been or shall be obtained How ground-rents against the owners of such ground-rents, it shall and may be lawful for the person may be extinor persons desiring to pay off a ground-rent so situated, to apply by petition to the guished in Philadelphia. court of common pleas of the said county, stating the said facts, and praying to be allowed to pay the sum required for the extinguishment of the said ground-rent into court; whereupon the said court shall make an order for such payment into Parties may pay court; and upon the said sum being so paid into court, it shall be the duty of the money into court court to make an order on the party or parties in whom is the title to the said ground-rent, to extinguish the same, reciting in the deed of extinguishment the said proceedings; and the deed of extinguishment so made shall convey a clean title to the said ground-rent, free from any lien or incumbrance of the said judgment or judgments, or other incumbrances, or any of them. And it shall be the Distribution. duty of the said court, to proceed immediately, through an auditor, to the distribution of the money so paid into court, with the like forms, and with the like effect, as attend the distribution of moneys paid into court by the sheriff from the sales of real estate.

rents.

P. L. 487.

7. The enactment, by the 21st section of the act of the 22d day of April 19 April 1864 § 1. 1850, (h) enacting that no redeemable ground-rent shall become a perpetual incumbrance, by failure to pay the redemption-money, within the period fixed for Trustees may exits redemption, shall be taken and construed to enable any trustee or trustees, tinguish groundand others having power to release and extinguish such ground-rent theretofore reserved, but then redeemable, or, since reserved, or hereafter to be reserved, with the privilege of redemption, within a specified time, to accept the redemptionmoneys, and to execute a release and extinguishment of such ground-rent, as if such period, allowed for such redemption, had not expired, with the same effect as

if done within such period. And all releases and extinguishments of ground-rents, Former releases to heretofore made by such parties, under such circumstances, since the date of said be valid. enactment, shall be taken to have the same validity and effect, as if made by

them within the period specified for redemption.

8. In all cases in which ground-rents have been, or may be extinguished, by 28 April 1868 § 1. payment, or by presumption of law, but no deed of extinguishment or release P. L. 1147. thereof shall have been executed, it shall and may (be) lawful for the owner or Common pleas of owners of the land out of which the rent issues, or any person interested, to apply, Philadelphia may by petition, to the court of common pleas of the county in which the land is situate, decree extinguishment of groundsetting forth the premises, and also the name of the holder or holders of the said rents. rent, if known, and if not known, then stating that fact; whereupon the said court shall make such order for giving notice of said petition, and of the time of the hearing thereof, to all persons interested, in such manner as the said court shall direct, either by personal service, or publication, or otherwise; at the time therein specified, or at any subsequent time, on due proof being made of the truth of the said petition, the said court are authorized and required to make a decree declaring that the said ground-rent is released, merged and extinguished, and said decree shall have the same force and effect as a release or deed of extinguishment duly executed; and a duly certified copy of such decree may be recorded in the office for recording deeds in the said county; and the said record shall have the same effect as the record of deed of extinguishment of the said rent.(i)

9. The provisions of this act shall only apply to the city and county of Philadelphia.

Ibid. § 2.

10. It shall be lawful for any owner of land, on or out of which any irredeema- 15 April 1869 § 1. ble rent(k) has been charged or reserved, to apply by petition, in the name of this P. L. 47. commonwealth, at his own relation, to the court of common pleas for the county Courts may decree in which such land shall be situated, for an order on the owner of such rent to extinguishment of irredeemable show cause why a decree for the extinguishment thereof should not be made on ground-rents. his being compensated therefor, in the manner hereinafter provided; whereupon, the court shall cause a citation to issue to the owner of the rent, according to the Citation and practice of the said court, and if he shall be unknown, or not a resident of the notice. said county, the court shall cause notice to be given him, by advertisement, as they shall deem advisable, and the notice so given shall be deemed and taken to be actual service, for all purposes.

(g) The act 22 March 1865, contains a similar provision for the city of Reading. P. L. 571.

(h) Supra 2.

(2) This act is unconstitutional; it vests the determination of a legal right in the court, without providing for a trial by jury. Haines's Appeal, 73 P. S. 169.

(k) This act was held to be unconstitutional, as to existing estates, in Palairet's Appeal, 67 P. S. 479. But a ground-rent created since 1850 does not become irredeemable, by reason of the lapse of the time limited in the deed for its redemption. Springer v. Phillips,

71 P. S. 60.

15 April 1869 § 2. P. L. 47.

Assessment of damages.

Decree.

Ibid. § 3. Payment, where parties are under disabilities.

Ibid. § 4.

11. On the return of such citation, or after publication as aforesaid, if the owner of the land and the owner of the rent do not agree on the terms on which the former shall be allowed to purchase the rent, then the court shall cause a venire to issue, directed to the sheriff, requiring him to summon a jury of twelve disinterested freeholders of the county, who shall assess and determine the damages which the owner of the said rent will suffer by the compulsory extinction of the same, which shall not be estimated at less than twenty years' purchase thereof; and the damages being so assessed, and the inquest confirmed by the court, it shall be lawful for the owner of the land to pay or tender to or for the use of the owner of the rent, in such manner as the court shall direct, the sum so found, together with all the costs of the proceedings; and whereupon the court, upon due evidence of such payment or tender, shall enter a judgment that the said rent shall thenceforward be taken to be extinguished, and no action thereafter for the recovery thereof shall be brought in any court of this commonwealth.

12. If such rent shall be held wholly or partly by any person under any disability, or absent from the country, or by persons for successive estates, or on trust, then the court shall have all such power to direct in what way the said damages, so assessed, shall be tendered, paid or secured, as a court of equity could have in the premises, and if the owner of the rent shall be unknown, then the money shall be paid into court, to be invested in the loan of this commonwealth to the use of such owner; and if no claimant shall appear therefor, within the space of ten years thereafter, such loan shall be transferred by the state treasurer to the sinking fund provided by law.

13. Such petition when filed shall be taken to be within the provisions of the Petitions to be in- act of the 22d of April 1856, (1) requiring actions to compel a conveyance of real estate to be indexed as a lis pendens.

dexed.

Ibid. § 5.

Proceedings in de

14. If the petitioner in any such case shall, after the confirmation of the return of the inquest, fail, for the space of three months, to pay or tender the damages fault of petitioner. and costs aforesaid, according to the directions of the court, it shall be lawful for the court, thereupon, at the option of the respondent, to enter a judgment for the payment of such damages and costs by the petitioner, to be enforced by execution as other judgments in the said court, or else to dismiss the petition, and vacate the proceedings thereon at the practitioner's costs.

25 April 1850 § 8. P. L. 571.

Action of covenant for ground-rent

III. Actions on ground-rents.

15. In all cases now pending, or hereafter to be brought, in any court of record in this commonwealth, to enforce the payment of ground-rent due and owing upon lands or tenements, held by virtue of any lease for life, or a term of years, or in fee, the lessor, his heirs and assigns, shall have a full and complete remedy thereextended to lessees for by action of covenant against the lessee or lessees, his, her or their heirs, executors, administrators or assigns, whether the said premises out of which the rent issues be held by deed-poll or otherwise.(m)

holding by deedpoll.

8 April 1940 § 1. P. L. 249.

Return of two

"nihils," in covenant for groundrent, to be equivalent to service.

16. In all actions of covenant hereafter brought in any court of record, upon any covenant for the payment of rent on any ground-rent deed, if the sheriff or other officer, to whom any writ of summons is directed, shall make return of the same with "nihil" indorsed thereon, it shall and may be lawful for the plaintiff or plaintiffs to sue out an alias writ of summons, returnable in like manner as other writs of summons; and thereupon, if the said sheriff or other officer shall make return of the said alias writ with "nihil" indorsed thereon, the said return of two "nihils" shall be in all respects equivalent to actual service of the same, as is now the practice in cases of scire facias on judgments and mortgages:(n) Provided,

(1) See tit. "Ejectment."

(m) This act is constitutional, as it operates only on the remedy. Taggart v. McGinn, 14 P. S. 155. It was designed to give an action of covenant for rent reserved by deed which had not been sealed by the defendant. Louer v. Hummel, 21 P. S. 451-4. Under it, covenant will lie against the assignee of the lessee, for arrears which accrued before the assignment. Mc Quesney v. Hiester, 33 P. S. 435. A purchaser at sheriff's sale, of a ground-rent, may maintain covenant against the owner of the land out of which it issues. Streaper v. Fisher, 1 R. 155. All the assignees of a lot of ground subject to a ground-rent, though claimed by assignments of different dates, may be joined in an action of covenant for arrears of ground-rent accruing after their several assignments. Hannen v. Ewalt, 18 P. S. 9. Arrears of ground-rent, in a personal action, bear interest from the time they fall due. Buck v. Fisher, 4 Wh. 516. But not, where recourse is had to the land. Bantleon v. Smith, 2 Binn. 146. Ter Hoven v. Kerns, 2 P. S. 97. An assignee of the lessee ought not to be charged with interest on arrears which accrued prior to the conveyance to him; but on subsequent arrears, he is liable

for interest. McQuesney v. Hiester, 33 P. S. 435. And see Chew's Estate, 4 Phila. 186. The covenant does not survive against the personal representatives of the covenantor, except as to the arrears which accrued in his lifetime. Quain's Appeal, 22 P. S. 510. Bland's Administrator v. Umstead, 23 Ibid. 316. Suit may, however, be brought against them, for arrears accruing after his decease, but the judgment must be entered de terris. Williams's Appeal, 47 P. S. 283. Gardiner v. Painter, 3 Phila. 365. The owner of an undivided portion of a ground-rent may maintain a separate action of covenant, for his proportion of the arrears. Cook v. Brightly, 46 P. S. 439; s. c. 5 Phila. 139. A purchaser at sheriff's sale, subject to an apportioned ground-rent, is liable to an action of covenant for the arrears. Wistar v. Mercer, 6 Phila. 44. And trustees in possession are liable in covenant, for arrears of ground-rent accruing during their tenancy; and the judgment may be enforced against all the assets of the trust estate. Newkumet v. Davidson, 13 W. N. C. 10. See Smith v. Conrad, 11 Ibid. 100; and act 12 June 1878, P. L. 205, tit. “Real Estate," 29.

(n) To entitle the plaintiff to judgment on the

P. L. 249.

however, That it shall be the duty of the said sheriff or other officer, to give notice 8 April 1840 § 1. of the said alias writ, by serving a copy thereof on the tenant in possession of the premises, if any, or if there be no such tenant, by posting a copy of the same on Alias to be served some conspicuous part of the premises, at least ten days previous to the return- on tenant, or day thereof, and also by publication in one or more newspapers, in such manner posted on the premises and puband for such time as the court, by rule or otherwise, shall direct: And provided fished. also, That the plaintiff or plaintiffs shall have filed, within two weeks after the Copy of groundreturn-day of the first writ of summons, in the office of the prothonotary of the said rent deed to be filed, and when. court, a copy of the deed on which the suit is brought.(0)

county.

17. In all actions hereafter brought for the recovery of ground-rents in the 8 April 1857 § 2. city and county of Philadelphia, judgment may be entered as in cases of suits P. L. 175. upon mortgages in said city and county: Provided, That the plaintiff shall file a How judgments statement in said court, referring to the book and page of the recorder's office obtained by default where the ground-rent deed upon which suit is brought is recorded; and if said in Philadelphia ground-rent has been assigned, said plaintiff shall also file a statement, referring in like manner to where said assignment or assignments are recorded, which said recording shall be recited in the præcipe and summons, together with the names of the parties to said deed or deeds, then said plaintiff shall be entitled to judgment without filing copies or a declaration, as in cases of action upon mortgages.(p)

18. In all actions for the recovery of ground-rents to an amount not exceeding one hundred dollars in the court of common pleas of the city and county of Philadelphia, costs may be recovered as in other cases.

IV. General provisions.

Ibid. § 1.

Costs in actions for ground-rent.

19. The estate which may be held in a ground-rent in fee, issuing out of any 23 Jan. 1849 § 5. real estate in the city and county of Philadelphia, shall not be divested by the P. L. 686. sale of the land out of which said ground-rent may issue, for the non-payment Ground-rent not to of any tax, charge or assessment imposed on said real estate; but said ground- be divested by sale rent shall be assessed as a distinct estate, and payment of any tax or assessment for taxes in Philadelphia. imposed thereon, shall be assessed in like manner as in other cases of real estate.(g)

Evidence of pay

20. In all cases where no payment, claim or demand (r) shall have been made 27 April 1855 § 7. on account of, or for, any ground-rent, annuity or other charge upon real estate P. L. 369. for twenty-one years, or no declaration or acknowledgment of the existence thereof Limitation of shall have been made within that period, by the owner of the premises, subject to claim for groundsuch ground-rent, annuity or charge, a release or extinguishment thereof shall be rent. presumed, and such ground-rent, annuity or charge shall thereafter be irrecoverable(s) Provided, That the evidence of such payment may be perpetuated by recording in the recorder of deeds' office of the proper county, the duplicate of ment may be any receipt therefor, proved by oath or affirmation to be a true copy of that signed recorded. and delivered in the presence of the payer, and witnessed at the time by the deponent, which recorded duplicate, or the exemplification of the record thereof, shall be evidence until disproved; and the evidence of any such claim or demand may be perpetuated by the record of any judgment recovered for such rent, annuity or charge, in any court of record, or the transcript therein filed of any recovery thereof, by judgment before any alderman or justice of the peace, which records and judgments shall be duly indexed: Provided, That this section shall not go into effect until after three years from the passage of this act.

P. L. 8.

21. The limitation of claims to or demands for ground-rents, annuities or other 26 Feb. 1869 § 1. charges upon real estate, prescribed by the seventh section of the act to which this is a supplement, shall be so taken and construed as to apply to any part or pro- Limitation of claim portion of such ground-rents, annuities, rent-charges or other charges upon real for apportioned estate situate in the commonwealth of Pennsylvania, whether apportioned by deed ground-rent. or other instrument of writing, or implied by the acts of the parties; and where the owner or owners of any part or parts of the premises, out of which the said ground-rent, annuity, rent-charge or other charge as aforesaid, was originally reserved, shall not have been called upon for, or upon whom no claim or demand shall have been made for payment of all or any part of said ground-rent, annuity, rent-charge or other charge as aforesaid, for twenty-one years, or no declaration or acknowledgment of the existence thereof shall have been made, within that period, by the said owner or owners, that a release or extinguishment thereof shall be presumed,(t) and the same thereafter be irrecoverable out of the part or parts

quarto die post, the second scire facias must have issued ten days before the return-day; the defendant has fourteen days to appear. Laws v. McDanel, 1 Clark 421. The return need not show, on its face, that there was no tenant in possession. Hawkins v. Weightman, 71 P. S. 128.

(0) He must also file a declaration, as in other cases. Pennsylvania Hospital v. White, 2 T. & H. Pr. § 1531. And see Rudderson v. Hodges, 5 W. N. C. 567. Cor v. Williams, 39 L. I. 108.

(p) See Henderson v. Bancroft, 1 W. N. C. 626.

Such judgment cannot be taken against a grantee of the land, who has not signed the deed. Garrison v. Bunting, 2 W. N. C. 14. Where judgment has been entered against the original covenantor, the terretenant may enter security for stay of execution. Ellis v. Cadwalader, 14 W. N. C. 400.

(q) Salter v. Reed, 15 P. S. 260.

(r) This act is constitutional. Biddle v. Hooven, 120 P. S. 221. See Hiester v. Shaeffer, 45 P. S. 537. (s) See Hillerman v. Ingersoll, 5 Phila. 143. (t) No such presumption arises where the ground

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