Beltzhoover v. Waltman
Supreme Court of Pennsylvania
APPEAL from the decree of the Common Pleas of Cumberland county. Upon a judgment ahd execution of Michael G. Beltzhoover against J. Waltman, Sen., and J. Waltman, Jr., the personal property of the defendants was levied and sold for $633.33, and upon a rule the money was brought into court for appropriation. Plies, Thudium & Co. leased their farm to Joseph Waltman, Sen., for the term of two years, ending 1st of April 1840, at a rent of $500 a year.
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APPEAL from the decree of the Common Pleas of Cumberland county. Upon a judgment ahd execution of Michael G. Beltzhoover against J. Waltman, Sen., and J. Waltman, Jr., the personal property of the defendants was levied and sold for $633.33, and upon a rule the money was brought into court for appropriation. Plies, Thudium & Co. leased their farm to Joseph Waltman, Sen., for the term of two years, ending 1st of April 1840, at a rent of $500 a year. Thomas Craighead became his bail for the payment of the rent. 14th of December 1839, Plies & Co. again leased the farm to both the Waltmans for the…
1Opinion of the Court
Per. Curiam.
The decree of the Common Pleas seems to be founded on a just construction of the Act of 1772. It is true the provision of the 8th Anne, from which our Act was taken, that the distress be made “ during the possession of the tenant from whom such arrears are due,” has been omitted in it; but it is implied by the very nature of the power given to distrain after the determination of the lease, “ as if such lease had not been ended or determined,” for a distress before the end of a lease must necessarily be during the possession of the lessee. The legislature probably had in view the…
2Cited by4 opinions
- Karns v. McKinneySupreme Court of Pennsylvania · 1874
- Whiting & Co. v. LakeSupreme Court of Pennsylvania · 1879
- Holland Furnace Co. v. Ealer, Pennsylvania Court of Common Pleas, Northampton County1933
- Wright & Co. v. Giatras, Pennsylvania Court of Common Pleas, Cambria County1923