Legal Opinion

Wyke v. Wilson

Supreme Court of Pennsylvania

Decided January 6, 1896No. Appeal, No. 151PublishedCited by 5 opinions

Appeal, No. 151, Oct. T., 1895, by defendant, from judgment of O. P. No. 3, Allegheny Co., May T., 1894, No. 587, on verdict for plaintiff. Trespass for goods sold under an alleged illegal distress for rent.

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Appeal, No. 151, Oct. T., 1895, by defendant, from judgment of O. P. No. 3, Allegheny Co., May T., 1894, No. 587, on verdict for plaintiff. Trespass for goods sold under an alleged illegal distress for rent. Before Porter, J. At the trial it appeared that on April 1,1893, plaintiff leased certain real estate from defendant’s assignor.' The lease contained the following clause: “ As a security for the rent, the tenant grants, bargains and sells to the lessor all property of every kind on, or to be brought on, the premises, and whenever rent is unpaid the lessor may seize said property, on or…

1Opinion of the Court

Opinion bv

Mr. Justice McCollum,

While the evidence descriptive of the defendant’s conduct at the sale was conflicting, it clearly showed that he went there prepared for war. He carried with him a loaded revolver and his exhibition of it there was, to say the least of it, consistent with a purpose on his part to intimidate the plaintiff and his family. When it is considered that the property he proposed to sell to satisfy his disputed demand for rent was not worth, according to his estimate of its value, more than fifteen dollars, and that he could not realize from the sale of it more than…

2Cases cited3 opinions

  1. Brisben v. WilsonSupreme Court of Pennsylvania · 1869
  2. Quinn v. WallaceSupreme Court of Pennsylvania · 1841
  3. Fernwood Masonic Hall Ass'n v. JonesSupreme Court of Pennsylvania · 1883

3Cited by5 opinions

  1. American Mortg. Corp. v. WymanCourt of Appeals of Texas · 1931
  2. Snyder v. BoringSuperior Court of Pennsylvania · 1897
  3. Hemphill Co. v. Davis Knitting Co.Superior Court of Pennsylvania · 1934
  4. Hazlett v. MangelSuperior Court of Pennsylvania · 1898
  5. Noel Et Ux. v. Cresson Lumber Co.Superior Court of Pennsylvania · 1934

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