Haslage v. Krugh
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit, brought for use and occupation by the defendant in error, who was the guardian of the minor children and heirs of Frederick Wenk, deceased. .The defendant pleaded non assumpsit. Verdict for plaintiff. Frederick Wenk died intdhtate about the 1st of April, 1849, seised of the premises; ITaslage, the plaintiff in error, then being in possession as his tenant.
Read the full summary
Error to the District Court of Allegheny county. This was an action of assumpsit, brought for use and occupation by the defendant in error, who was the guardian of the minor children and heirs of Frederick Wenk, deceased. .The defendant pleaded non assumpsit. Verdict for plaintiff. Frederick Wenk died intdhtate about the 1st of April, 1849, seised of the premises; ITaslage, the plaintiff in error, then being in possession as his tenant. A. Hartz, upon the decease of Wenk, administered upon his estate, and directed Haslage to pay the rent then due, as well as that falling due thereafter in…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J. —
We think that this evidence was properly rejected. Land descends to heirs and not to administrators; and the heirs, as owners, have the right to the rents. The tenant has no excuse for paying the rent to the administrators, except his ignorance of the law; and he alone, and not the heirs, ought to suffer for that. He says he rented from the administrator after the death of Wenk; but that lease was void for want of title in the lessor. ' And he therefore remained under his old lease as tenant from year to year by holding over. He was a mere…
2Cited by7 opinions
- Reel's EstateSupreme Court of Pennsylvania · 1919
- Bakes v. ReeseSupreme Court of Pennsylvania · 1892
- Graham's EstateSuperior Court of Pennsylvania · 1941
- Arrott v. CommissionerUnited States Board of Tax Appeals · 1931
- Craig v. CommissionerUnited States Board of Tax Appeals · 1927
2 more not listed; retrieve them via the Exa API.