Hemphill v. Tevis
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. This was assumpsit brought by Benjamin Tevis against John Hemphill & Mark Richards, to recover $125 for the use and occupation of the rear end of a lot on Broad street adjoining on the south ground belonging to Hemphill &.Richards, from the 1st of October 1837 to the 1st of October 1838. It appeared that the lot belonged to Charles Lukens, and that Adam Eckfeldt, as his agent, leased it to Hemphill &…
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ERROR to the District Court for the city and county of Philadelphia. This was assumpsit brought by Benjamin Tevis against John Hemphill & Mark Richards, to recover $125 for the use and occupation of the rear end of a lot on Broad street adjoining on the south ground belonging to Hemphill &.Richards, from the 1st of October 1837 to the 1st of October 1838. It appeared that the lot belonged to Charles Lukens, and that Adam Eckfeldt, as his agent, leased it to Hemphill & Richards for three years, commencing 1st of April 1835, at the rent of $125 per annum, payable quarterly. An agreement to this…
1Opinion of the Court
*541The opinion of the Court was delivered by
Sergeant, J.
— The 119th section of the Act of 16th of June 1836, relating to executions, gives the purchaser at sheriff’s sale all the remedies to recover the rent which the defendant might have had; but that can only be where the relation of landlord and tenant continues. In the case of a lease made before the mortgage, the purchaser takes as assignee of the reversion, and the relation necessarily continues. But where it is subsequent, the title under the mortgage is paramount, and then it is at the election of the purchaser to' affirm or disaffirm…
2Cases cited1 opinion
- Farmers & Mechanics' Bank v. EgeSupreme Court of Pennsylvania · 1840
3Cited by2 opinions
- Duff v. WilsonSupreme Court of Pennsylvania · 1871
- Keown v. MallisseeSuperior Court of Pennsylvania · 1914