Legal Opinion

Doyle v. Longstreth

Superior Court of Pennsylvania

Decided February 19, 1898No. Appeal, No. 69Published

Appeal, No. 69, Oct. T., 1897, by defendant, from judgment of C. P. Delaware Co., June T., 1895, No. 120, on verdict for plaintiff. Replevin for goods distrained. Before Clayton, P. J. The defendant, Benjamin T. Longstreth, distrained for four years’ rent on certain premises amounting to $1,000, after allowing for certain credits which reduced the amount of the distress ■warrant to $517.48. The plaintiff, Patrick Doyle, tenant in ■possession, replevied.

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Appeal, No. 69, Oct. T., 1897, by defendant, from judgment of C. P. Delaware Co., June T., 1895, No. 120, on verdict for plaintiff. Replevin for goods distrained. Before Clayton, P. J. The defendant, Benjamin T. Longstreth, distrained for four years’ rent on certain premises amounting to $1,000, after allowing for certain credits which reduced the amount of the distress ■warrant to $517.48. The plaintiff, Patrick Doyle, tenant in ■possession, replevied. The defendant avowed and made cog-nizance, and the case was tried on the issue of no rent in arrear. Other facts sufficiently appear in the…

1Opinion of the Court

Opinion by

Rice, P. J.,

Benjamin T. Longstreth, the principal defendant, leased a tract of land to Patrick Doyle, the plaintiff, and William M. Longstreth for the term of one year from March 1, 1882, at an annual rental of $300.

At the end of the first year they remained in joint possession as tenants from year to year until March 1, 1891, after which time Doyle remained in sole possession.

In April, 1895, the landlord issued a distress warrant for the rent which he alleged had accrued between March 1, 1891, and March 1, 1895, and was unpaid. The goods of Doyle were dis-trained and he sued out a…

2Cases cited11 opinions

  1. Van Rensselaer v. BradleyNew York Supreme Court · 1846
  2. Van Rensselaer's Executors v. GallupNew York Supreme Court · 1848
  3. Lee v. DeanSupreme Court of Pennsylvania · 1838
  4. Carpenter v. KoonsSupreme Court of Pennsylvania · 1852
  5. Beaupland v. McKeenSupreme Court of Pennsylvania · 1857

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