Bantleon v. Smith
Supreme Court of Pennsylvania
TN this case Hopkinson moved to take out of court the A plaintiff’s debt, interest, and costs, upon the following - ° Iacts: _ , On the first of April 1797 the plaintiff conveyed to the defendant a lot of ground, reserving an annual rent of sixty dollars forever, payable half yearly, with power to enter and distrain, and for want of sufficient distress to hold the land * until the arrearages should be fully paid.
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TN this case Hopkinson moved to take out of court the A plaintiff’s debt, interest, and costs, upon the following - ° Iacts: _ , On the first of April 1797 the plaintiff conveyed to the defendant a lot of ground, reserving an annual rent of sixty dollars forever, payable half yearly, with power to enter and distrain, and for want of sufficient distress to hold the land * until the arrearages should be fully paid. The deed also con* ta*ne<^ a covenant by the grantee to pay the rent; and the rent being in arrear, the plaintiff brought the present action-0f covenant and obtained a judgment, upon…
1Opinion of the Court
Tilghman C. J.
delivered the court’s opinion.
The plaintiff in this suit, by indenture between him and the defendant, granted to the defendant a parcel of land in fee, out of which he reserved an annual rent-charge of sixty dollars. The deed contained a power to the grantor to reenter in case of non-payment of the rent, and to hold the land till the arrears of rent were discharged. It also contained a covenant on the part of the defendant to pay the rent. The plaintiff brought an action of covenant for non-payment of the rent, and obtained a judgment on which an execution issued, by virtue…
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