Easby v. Easby

Ground rents — Personal liability of the assignee of the lessee — Acts of April 25, 1850, and June 12, 1878. The Act of April 25,1850, P. L. 571, gave to the owner of a ground rent the right to bring covenant against the assignee of the lessee for rent accruing during his title, but this right was taken away by the Act of June 12, 1878, P. L. 205, unless the grantee of the land had by agreement in writing or words in the deed of conveyance assumed a personal liability for the rent.

Appeal, No. 584, Jan. T., 1896, by defendants, from judgment of C. P. Delaware Co., Dec. T., 1895, No. 149, on verdict for plaintiff. Assumpsit for ground rent. Before Biíégy, J., of tbe first judicial district, specially presiding. At tbe trial it appeared that William Easby, tbe plaintiff, for about thirty years prior to 1890, owned tbe property out of which tbe ground rent issued, and occupied it as a place of residence. On July 22, 1890, be conveyed tbe property, bis wife joining in the deed, to Isaac W. Allyn, a “ straw man,” reserving to himself an annual rent of $360. On tbe same day Allyn conveyed tbe property to Mary A. Easby, plaintiff’s wife, subject to tbe ground rent, and William Easby, tbe plaintiff, executed a declaration of trust of tbe ground rent in favor of Elizabeth J. Easby, bis daughter. No change whatever was made in tbe occupation of tbe premises, the plaintiff still retaining it as his residence. The evidence did not show that any demand was made upon Mary A. Easby for ground rent during her lifetime. After her death, which occurred on August 27, 1895, plaintiff commenced this suit to recover ground rent which accrued from the time of its creation to the death of Mary A. Easby. The court gave binding instructions in favor of the plaintiff. Verdict and judgment for plaintiff for $1,800. Defendants appealed. Errors assigned among others were (2) in instructing the jury to find in favor of the plaintiff; (4) in not instructing the jury to find for the defendants. The Act of June 12, 1878, P. L. 205, is explicit and conclusive that there is no personal responsibility on the part of the estate of Mary A. Easby. The ground and the original covenantor are alone liable. The act of April 25, 1850, was designed to give an action of covenant for rent reserved by deed which had not been sealed by the grantee: Louer v. Hummel, 21 Pa. 451. Prior to the act of 1850, the grantee of the lessee was liable for ground rent in the same manner as the lessee or original grantee was: Royer v. Ate, 8 P. & W. 464. That act gives the action of covenant for ground rent against the assignees or lessees whether the premises be held by deed poll or otherwise: McQuesney v. Hiester, 33 Pa. 440. Covenants which attach or relate to the lands demised run with the land, and bind the assignee and the assignee of an assignee, the assignee, executor or heir, or devisee, or whoever is terre-tenant of the land under the demise, coming by assignment or act of law: Streaper v. Fisher, 1 Rawle, 160; Hannen v. Ewalt, 18 Pa. 9. It cannot be doubted that by the 8th section of the act of April 25, 1850, an action of covenant lies against the assignee of the lessee for rent accruing during the title of such assignee: Smith v. Conrad, 11 W. N. C. 100.