Hill v. Miller
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of the county of Philadelphia, in a replevin brought by John Hill Maru Miller and Thomas Cooper. Mary Miller avowed, and Thomas Cooper 9 made cognisance as her bailiff, for rent in arrear. Replication no rent in arrear and issue.
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In Error. ERROR to the Court of Common Pleas of the county of Philadelphia, in a replevin brought by John Hill Maru Miller and Thomas Cooper. Mary Miller avowed, and Thomas Cooper 9 made cognisance as her bailiff, for rent in arrear. Replication no rent in arrear and issue. On the trial, the defendants proved, that the plaintiff was tenant of the premises for a number of years under the der * fendant, Mary Miller, and paid rent to her, until the 6th July, 1816: after which, he continued to occupy the ses, but refused to pay any rent. 7 x * The plaintiff offered evidence to shew, that Mary…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
In this action of replevin, Mary Miller, one of the defendants, avowed for rent in arrear, as having accrued after a particular day. The plaintiff pleaded riens in arriere, and, at the trial, offered evidence, that she had no claim to the premises, except through her late husband, as *357whose property they were sold under the insolvent laws, and purchased by the plaintiff, in consequence of her having agreed to the sale, and advised him to become the purchaser. This evidence was rejected.
Nothing is more clear, than that the purchase, if made with…
2Cases cited1 opinion
- Alexander v. HarrisSupreme Court of the United States · 1808
3Cited by2 opinions
- Williams v. SmithSupreme Court of Pennsylvania · 1823
- Hill v. StockingNew York Supreme Court · 1844