Reed v. Ward
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action of replevin by Thomas W. Ward against Nancy Reed to replevy certain property which had been levied on by virtue of a warrant of distress executed by her. The defendant made avowry, and claimed $949 for rent in arrear. On the part of the plaintiff it was replied that no part of the same was due for rent, alleging’ that since the making of the lease he had been evicted of two acres of the demised premises.
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Error to the Common Pleas of Erie county. This was an action of replevin by Thomas W. Ward against Nancy Reed to replevy certain property which had been levied on by virtue of a warrant of distress executed by her. The defendant made avowry, and claimed $949 for rent in arrear. On the part of the plaintiff it was replied that no part of the same was due for rent, alleging’ that since the making of the lease he had been evicted of two acres of the demised premises. Rufus S. Reed, in his lifetime, to wit, on the 1st day of February, A. D. 1843, leased a farm of about 400 acres to Thomas W.…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
It was, at one time, supposed by some that a rent-service incident to a reversion was lost by a grant of part of the reversion, and could not be apportioned. But this is not the law. A reversion is a thing in its nature severable, and the owner has an undoubted right to dispose of the whole, or any part of it, according to his necessities or convenience; and the rent, as incident to it, being a retribution for the land, may be divided and ought to be paid to those who are to have the land upon the expiration of the lease. The accommodation of…
2Cases cited1 opinion
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
3Cited by7 opinions
- Page v. WilsonSuperior Court of Pennsylvania · 1942
- Coffin v. Fidelity-Philadelphia Trust Co.Supreme Court of Pennsylvania · 1953
- Chestnut Street Trust & Saving Fund Co. v. HartSupreme Court of Pennsylvania · 1907
- Swint v. McCalmont Oil Co.Supreme Court of Pennsylvania · 1898
- Risher v. RisherSupreme Court of Pennsylvania · 1899
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