O'Conner v. Warner
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. G. E. Warner & Co. against James O’Conner & Co. This was an action on the case for the recovery of rent, under the following circumstances: Warner & Co., on the 27th of November 1833, leased certain ground in the city of Pittsburgh from the representative of James S. Stevenson for 10 years from 1st of April 1834. A part of the premises thus held, they assigned on the 6th of September 1838, to Elisha Tucker, for the period of…
Read the full summary
ERROR to the District Court of Allegheny county. G. E. Warner & Co. against James O’Conner & Co. This was an action on the case for the recovery of rent, under the following circumstances: Warner & Co., on the 27th of November 1833, leased certain ground in the city of Pittsburgh from the representative of James S. Stevenson for 10 years from 1st of April 1834. A part of the premises thus held, they assigned on the 6th of September 1838, to Elisha Tucker, for the period of their own term, for the annual rent of $150. Tucker erected a building on the ground thus leased to him. Warner & Co.…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— It would puzzle those who controvert the principle of Savoy v. Jones, and the subsequent cases of that stamp, to give a reason for the faith that is in them beyond the apparent hardship of the case. The debt secured by the Act of 1806, was the debt of the building, -not of any owner of it; the lien was on the building; the process was against the building; and the building itself, not the builder’s interest in it, was directed to be sold. The debt was charged on it, as taxes are charged on unseated land, without regard to the ownership;…
2Cited by16 opinions
- Piedmont & Georges Creek Coal Co. v. Seaboard Fisheries Co.Supreme Court of the United States · 1920
- McSurely v. McGrewSupreme Court of Iowa · 1908
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Jessup v. StoneWisconsin Supreme Court · 1861
- Commonwealth ex rel. Roney v. WarwickSupreme Court of Pennsylvania · 1895
11 more not listed; retrieve them via the Exa API.