Legal Opinion

In re Ruppel

District Court, W.D. Pennsylvania

Decided October 27, 1899No. 60PublishedCited by 2 opinions

Iu Bankruptcy. On question certified by W. R. Blair, referee in bankruptcy.

1Opinion of the Court

BUFFINGTON, District Judge.

The referee’s certificate involves the question whether, on a trustee’s sale of a leasehold, the landlord of the demised premises has a lien on the proceeds for overdue rent. It is clear he has none under the Pennsylvania statute of June 16, 1886; for the lien there given only extends to “the goods and chattels being in and upon” the premises. It is urged, however, such a lien exists by virtue of the re-entry. clause in the lease before us, which is as follows:

“Upon the breach of any or all the conditions of this lease, or at any time thereafter, at the option of…

2Cases cited1 opinion

  1. Bantleon v. SmithSupreme Court of Pennsylvania · 1809

3Cited by2 opinions

  1. Harman Electric Co. v. First Real Estate Investment Co.District Court, W.D. Pennsylvania · 1972
  2. In re McFadgenDistrict Court, E.D. Pennsylvania · 1907

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