Binns v. Hudson
Supreme Court of Pennsylvania
IN a case which was submitted for the opinion of _ . , , , , r , r , . Court, it was stated, that the defendant, on the first of September 1811, leased of James L. Fisher, for five years, brewery and the appurtenances, at an annual rent of 1200 dollars, payable quarterly, without any deduction on count of rent charges or taxes, which the lessee covenanted to pay himself, together with the taxes upon a lot not eluded in the lease.
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IN a case which was submitted for the opinion of _ . , , , , r , r , . Court, it was stated, that the defendant, on the first of September 1811, leased of James L. Fisher, for five years, brewery and the appurtenances, at an annual rent of 1200 dollars, payable quarterly, without any deduction on count of rent charges or taxes, which the lessee covenanted to pay himself, together with the taxes upon a lot not eluded in the lease. On the 25th of July 1812, an execution was issued by the plaintiff, which was levied the same day , , , , . . . f upon sundry goods and chattels on the premises, at…
1Opinion of the Court
Tilghman C. J.
By the act of the 21st of March 1772, ■ the goods are liable “ for the sum of money which was due “ for rent at the time they were taken by virtue of the exe- “ cution.” Were the construction of the act to be now given for the first time, I should incline to the opinion that the landlord could claim no rent which was not actually due at the time of the levy. But it has been determined, that the growing rent may be apportioned, so that the landlord shall have it, down to the time when the goods are taken by the sheriff. Such was the decision of this Court in the case of West’s…
2Cited by7 opinions
- Prentiss v. KingsleySupreme Court of Pennsylvania · 1848
- Whidden v. ToulminSupreme Court of Alabama · 1844
- Wickey v. EysterSupreme Court of Pennsylvania · 1868
- Russell v. DotyNew York Supreme Court · 1825
- Morgan v. MoodySupreme Court of Pennsylvania · 1843
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