Vetter's Appeal
Supreme Court of Pennsylvania
Appear from the decree of the Court of Common Pleas No. 1, of Allegheny eounfnj: Of October and November Term 1881, No. 260. This was an appeal by Jacob Vetter, from a decree of said court, dismissing liis exceptions to a report of an auditor distributing a fund in court, being the proceeds of a sheriff’s sale of personal property under an alias fi. fa. issued upon a judgment obtained by William Beilstein for use of Jacob Vetter against Michael Simon.
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Appear from the decree of the Court of Common Pleas No. 1, of Allegheny eounfnj: Of October and November Term 1881, No. 260. This was an appeal by Jacob Vetter, from a decree of said court, dismissing liis exceptions to a report of an auditor distributing a fund in court, being the proceeds of a sheriff’s sale of personal property under an alias fi. fa. issued upon a judgment obtained by William Beilstein for use of Jacob Vetter against Michael Simon. The material facts of the case were as follows: By virtue of said writ of execution the sheriff levied upon certain personal property in the…
1Opinion of the CourtJustice Gordon
As the leases of Reineman to Michael Simon expressly provide for their extension beyond the term of one year, if the lessor should consent thereto, the exception of the appellant founded on a supposed want of such consent, comes to nothing. Simon continued to occupy the premises, and as Reineman did not dissent to such occupancy his assent must be presumed. Certainly, that was a matter for themselves to settle, and if they were satisfied with the arrangement, no third party can be heard to complain.
So, that rent may issue, not only from lands and tenements corporeal, but also from tlie…
2Cited by5 opinions
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- Coleman v. People's-Pittsburgh Trust Co.Court of Appeals for the Third Circuit · 1932
- Hanson v. Wintersteen, Pennsylvania Court of Common Pleas, Luzerne County1963