Ingersoll v. Sergeant
Supreme Court of Pennsylvania
This was an action of replevin brought by Charles Jared Ingersoll, Esquire, against Mrs. Elizabeth Sergeant. The defendant avowed for rent in arrear; and issue being joined, the case carneen for trial before Rogers, J. at a Court of Nisi Prius held at Philadelphia, on the 9th of March, 1830, when a verdict was found for the avowant, for #175, rent in arrear, subject to the opinion of the Court upon the whole evidence, upon the merits, without regard to the form of pleadings.
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This was an action of replevin brought by Charles Jared Ingersoll, Esquire, against Mrs. Elizabeth Sergeant. The defendant avowed for rent in arrear; and issue being joined, the case carneen for trial before Rogers, J. at a Court of Nisi Prius held at Philadelphia, on the 9th of March, 1830, when a verdict was found for the avowant, for #175, rent in arrear, subject to the opinion of the Court upon the whole evidence, upon the merits, without regard to the form of pleadings. The case was thus : On the 30th of September, 1811, John O'Connor, with Ann his •wife, conveyed to Thomas MTlwham in…
1Opinion of the Court
*347And now at this term, the judgtnent of the Court was delivered by — ■
Kennedy, J.
The plaintiff alleges that the rent in question is in its nature strictly a rent-charge, and that the defendant therefore, by releasing to Jonathan Smith a part of the ground upon which, according to his own phrase, it was charged, released the whole rent. It becomes material, therefore, to inquire and see whether it be a rent-charge or not; and if not, whether it is not a rent-service; because if it be a rent-service, the defence set up against the payment of it cannot avail, at most, beyond what shall be…
2Cases cited6 opinions
- Bantleon v. SmithSupreme Court of Pennsylvania · 1809
- Streaper v. FisherSupreme Court of Pennsylvania · 1829
- Herbaugh v. ZentmyerSupreme Court of Pennsylvania · 1828
- Culp v. FisherSupreme Court of Pennsylvania · 1833
- Philips v. ClarksonSupreme Court of Pennsylvania · 1800
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3Cited by22 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Stuart v. EastonSupreme Court of the United States · 1898
- Ex parte HendersonSupreme Court of Florida · 1855
- Van Rensselaer v. BradleyNew York Supreme Court · 1846
- Jones v. MagruderDistrict Court, D. Maryland · 1941
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