Wickey v. Eyster
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: No. 72, to May Term 1868. This was an amicable action and case stated, filed August 12th 1867, in which J. A. Eyster was plaintiff, and Caspar Wickey was defendant. The agreed facts were, that the plaintiff leased a house and lot in Chambersburg to one Monyer for one year, from the 1st day of April 1867, at the rent of $425, payable quarterly.
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Error to the Court of Common Pleas of Franklin county: No. 72, to May Term 1868. This was an amicable action and case stated, filed August 12th 1867, in which J. A. Eyster was plaintiff, and Caspar Wickey was defendant. The agreed facts were, that the plaintiff leased a house and lot in Chambersburg to one Monyer for one year, from the 1st day of April 1867, at the rent of $425, payable quarterly. On the 27th of May 1867, the defendant issued execution against Mon-yer, and on the same day the sheriff levied on Monyer’s goods on the premises leased to him by the plaintiff. The sale of the…
1Opinion of the Court
The opinion of the court was delivered, May 20th 1868, by
Agnew, J.
The settled interpretation of the 83d section of the Act of 16th June 1836, following that of the 4th section of the Act of 21st March 1772, has been that the rent for the current quarter or year, at the time of the levy of the tenant’s goods in execution upon the demised premises, although not then due, will be apportioned up to the time of the levy. If the goods are such as would be liable to distress, in case the rent were due, the landlord can claim this proportion of his rent out of the proceeds of the sale upon the…
2Cases cited4 opinions
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Binns v. HudsonSupreme Court of Pennsylvania · 1813
- West v. SinkSupreme Court of Pennsylvania · 1798
- Morgan v. MoodySupreme Court of Pennsylvania · 1843
3Cited by4 opinions
- Platt, Barber & Co. v. JohnsonSupreme Court of Pennsylvania · 1895
- In re SloanDistrict Court, E.D. Pennsylvania · 1905
- Reece v. RodgersSuperior Court of Pennsylvania · 1909
- Kramer v. Moore, Pennsylvania Court of Common Pleas, Northumberland County1949