De Arment v. Kennedy
De Arment v. Kennedy
Opinion of the Court
Opinion by
By the terms of the case stated, it appears that at the time of the execution of the agreement of sale Collins avenue, in the city of Pittsburg (upon which the property sold abutted), was graded and paved, and that the improvement was then fully completed. It further appears that the lot of ground was benefited by said improvement and was then liable to assessment to pay the cost thereof so soon as a board of viewers should be appointed to report thereon. Upon these facts, we are of opinion that this case is ruled by Lafferty v. Milligan, 165 Pa. 534. No well founded distinction can be drawn to take it out of the application of principles there laid down. A burden or incumbrance was imposed upon the land for the improvement, to be made a specific lien in amount as soon as the proceedings to ascertain the amount were completed. Under the agreement of sale the defendant was liable.
The judgment is affirmed.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Covenants for life — Incumbrance—Lien. An incumbrance is any right or interest in land which may subsist in third persons to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance. It is not necessarily a lien determinate in amount. The curative Act of May 16, 1891, P. L. 69, providing that certain improvements made under unconstitutional acts shall be valid, and that the city should be authorized to ascertain, levy, assess and collect damages for the same, creates an incumbrance within the meaning of a stipulation in an agreement to convey land “ free and discharged from all liens and incumbrances.”