Gordon v. Correy
Supreme Court of Pennsylvania
JSAAC W. Morris, by deed dated the 26th of December 1796, granted a lot of ground to the defendant, subject to rent charge of 37 dollars 33 cents per annum. The dred contained the usual covenanr for payment, and the reservation of a right to distrain, or to enter for non-payment.
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JSAAC W. Morris, by deed dated the 26th of December 1796, granted a lot of ground to the defendant, subject to rent charge of 37 dollars 33 cents per annum. The dred contained the usual covenanr for payment, and the reservation of a right to distrain, or to enter for non-payment. On tke first January 1805, he obtained from Correy a bond and warrant of attorney for 205 dollars 31 cents, arrears of ground rent, and entered up judgment on the 11th of February 1805. On the 11th of January 1804, Gordon entered a judgment against the defendant, upon a bond and warrant dated the 10th of January…
1Opinion of the Court
Tilghman C. J.
The point on which this case turns, was decided bv this Court in Bantleon v. Smith, 2 Binn. 146. Notwithstanding a bond and judgment, a debt still remains due on account of rent, to which the land is subject. The balance, therefore, in the hands of Mr. Armstrong, is to be applied, not to the payment of Isaac W. Morris's judgment, for that is younger than the plaintiff’s judgment, but to the payment of the rent due to Morris,
Yeates J.
Whether the motion made in behalf of the ground landlord in this case, that he should be allowed to take out of court the money paid in by the…
2Cases cited1 opinion
- Bantleon v. SmithSupreme Court of Pennsylvania · 1809
3Cited by2 opinions
- Mohler's AppealSupreme Court of Pennsylvania · 1848
- Welsh v. ElliottSupreme Court of Pennsylvania · 1825