Greider's Appeal
Supreme Court of Pennsylvania
From tbe District Court of the city and county of Lancaster. Dec. 3. This was an appeal by John Greider, John Stauffer, and ■ Christian Nolt, execution creditors, from the decree of the District Court, distributing the proceeds of a sale by the sheriff of the personal property of Peter Sellers.
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From tbe District Court of the city and county of Lancaster. Dec. 3. This was an appeal by John Greider, John Stauffer, and ■ Christian Nolt, execution creditors, from the decree of the District Court, distributing the proceeds of a sale by the sheriff of the personal property of Peter Sellers. The facts of the case, as appeared by the paper-book, and as stated in the opinion of this court, delivered by his honour Judge Bell, are the following: “ On the 10th of November, 1843, Jonas Nolt demised to Peter Sellers certain premises situate in Lancaster county, consisting of mills, houses and…
1Opinion of the Court
Bell, J.,
(after stating the case.) — This case, as stated, calls for the consideration and decision of two questions: 1. Was there such a surrender by Sellers, the tenant, to the landlord, of the term demised, as merged or extinguished the lesser estate ? and if so, then, 2. What is the legal effect of such a surrender upon the claim here set up by the late landlord to be paid a proportionable part of the year’s rent ?
To constitute an express surrender, no set form of words is necessary, nor is it required there should be a formal re-delivery or cancellation of the deed or other instrument…
2Cases cited5 opinions
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Jones v. GardnerNew York Supreme Court · 1813
- M'Kinney v. ReaderSupreme Court of Pennsylvania · 1838
- Lichtenthaler v. ThompsonSupreme Court of Pennsylvania · 1825
- West v. SinkSupreme Court of Pennsylvania · 1798
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- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Liquid Carbonic Co. v. TrubySuperior Court of Pennsylvania · 1909
- In re DubleDistrict Court, M.D. Pennsylvania · 1902
- Kuhn Co. v. FellCourt of Appeals for the Third Circuit · 1915
- National Cash Reg. Co. v. SortoSuperior Court of Pennsylvania · 1932
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