Clifford v. Beems
Supreme Court of Pennsylvania
ERROR to Westmoreland county. This was an action of debt upon a single bill by Henry Beems against John Clifford and Thomas Clifford. Beems had been a tenant and resided upon the land of James O’Harra; during his term he sold property to the defendants, John and Thomas Clifford, and took the note upon which this suit was brought for the amount.
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ERROR to Westmoreland county. This was an action of debt upon a single bill by Henry Beems against John Clifford and Thomas Clifford. Beems had been a tenant and resided upon the land of James O’Harra; during his term he sold property to the defendants, John and Thomas Clifford, and took the note upon which this suit was brought for the amount. Beems removed from the property in April 1829, and the two Cliffords succeeded him as tenants, and the property they purchased being in their possession on the land until April 1830, the landlord distrained it for rent in arrear by Beems, and sold it.…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The remedy by distress for rent in arrear originated before leases for years were much used, perhaps before they were known. After they became common, a difficulty arose as to the distress for the last year; it could not be distrained for until due; that is, until the lease was ended: but the termination of the lease had also terminated the relation of landlord and tenant; had ended all privity between them, and the landlord could no longer distrain; but this was changed by statute 8 Anne c. 14, which provided “ that any person having rent in…
2Cited by5 opinions
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- Holland Furnace Co. v. Ealer, Pennsylvania Court of Common Pleas, Northampton County1933
- Wright & Co. v. Giatras, Pennsylvania Court of Common Pleas, Cambria County1923