Knight v. Banes
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was a fieri facias, and under it the defendant’s personal property, to wit, hay and grass, then being on a certain tract of land, were sold, and the proceeds wrere paid into court.
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THIS was a fieri facias, and under it the defendant’s personal property, to wit, hay and grass, then being on a certain tract of land, were sold, and the proceeds wrere paid into court. The land was owned by the defendant, who took title to it by virtue of certain proceedings in partition in the Orphan’s Court, he accepting the same at the valuation, subject, according to the act of assembly and the decree of the court, to the following provision— “ the share of the widow, Sarah Banes, to remain charged on the premises, and the interest thereof to be annually paid her by the said B. R. Banes,…
1Per curiam
rule must be made absolute. Mrs. Banes’ This annual interest is charged on the land and is recoverable by distress. This according to the spirit of Turner v. Hauser, 1 Watts 423, in which the acts of assembly were construed, establishes a general principle which places her in the situation of a landlord, and gives her the same remedies a landlord has against a tenant. Although this exact case is not decided, yet, as one of these remedies, as provided by statute, is the taking out of the proceeds of sheriff’s sales of personal property on the land, rents not exceed*70ing one year, where no…
2Cases cited1 opinion
- Turner v. HauserSupreme Court of Pennsylvania · 1833