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1 Rawle 89

In re Shoemaker

Supreme Court of Pennsylvania

Decided December 29, 1828

Supreme Court of Pennsylvania · decided 1828-12-29

<p>Where, in a deed conveying land, and reserving a rent charge, the grantor covenants, upon the grantee paying, within seven years, a gross sum, together with all arrearages, &c„ to release and .discharge the rent, the grantee cannot, after the lapse of eighteen years from the time prescribed in the deed, call upon the grantor to perform his covenant.</p>

Cited by 1 later decisions (1 by the Supreme Court) — most recently October 1800

Good law ✅— No negative treatment on recordhow we know

Decided 1828-12-29

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Per Curiam.

¶1The petitioner insists on a right to redeem, after the lapse of eighteen years from the period fixed by the parties, on the ground, that, in equity, time is not of the essence of the contract. It is, however, clearly so here. The rent charge happens to be of more value now, than the sum prescribed in the conveyance to be paid for it. Hurst stipulated for seven years, in which to make his election, and the petitioner, claiming under him, demands twenty-five. No compensation is offered, nor could we enforce the acceptance of it, without driving the respondents into a new contract. Had the rent charge been of less value than the money, the petitioner could not have been compelled to redeem; and his prayer is, therefore, manifestly inequitable.

¶2Petition dismissed.

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