Helser & McGrath v. Pott & Shreiner
Supreme Court of Pennsylvania
Error to Common Pleas of Franklin county. June 11. This was an action of replevin, brought by Helser & McGrath, the plaintiffs in error, against Pott & Shreiner. Pott avowed for rent in arrear, and Shreiner, the other defendant, who was a constable, made cognisance, &c. The plaintiffs replied, no rent in arrear, non tenuit, and that Pott liad no estate in the premises.
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Error to Common Pleas of Franklin county. June 11. This was an action of replevin, brought by Helser & McGrath, the plaintiffs in error, against Pott & Shreiner. Pott avowed for rent in arrear, and Shreiner, the other defendant, who was a constable, made cognisance, &c. The plaintiffs replied, no rent in arrear, non tenuit, and that Pott liad no estate in the premises. The facts of the case, as slated in the opinion of this court, delivered by his honour, Judge Rogers, are these:— William Pott was the owner of the Warren iron-works, in the county of Franklin, which, by articles of agreement,…
1Opinion of the Court
Rogers, J.,
after stating the facts, and that Pott was the legal, and Bowers the equitable owner of the estate, proceeded as follows:
The case principally turns on the construction of this agreement. It raises one question to which the others are more or less subordinate, viz., whether William Pott has a right to distrain for rent on the lease from Bowers to Fisher. And this depends on two considerations : 1st, Did the relation of landlord and tenant exist between William Pott and Solomon Helser and William McGrath ? and 2d, Was such a demand made of the rent as to enable him to distrain ? On…
2Cited by5 opinions
- Hessel v. JohnsonSupreme Court of Pennsylvania · 1889
- Kuhn Co. v. FellCourt of Appeals for the Third Circuit · 1915
- In re Short's EstateSupreme Court of Pennsylvania · 1851
- Forbes v. Herr, Pennsylvania Court of Common Pleas, Lancaster County1926
- Rineer v. Kline, Pennsylvania Court of Common Pleas, Lancaster County1956