Legal Opinion

Menough's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1843PublishedCited by 13 opinions

THIS was an appeal from the decree of the Court of Common Pleas of York county, distributing the proceeds of the sale of the personal property of Henry Wolf. Michael Wolf being the owner of a farm, leased it to his son Henry Wolf for one year from the 2d April 1839, for the rent of $575, no time being fixed by the lease for the payment of the rent.

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THIS was an appeal from the decree of the Court of Common Pleas of York county, distributing the proceeds of the sale of the personal property of Henry Wolf. Michael Wolf being the owner of a farm, leased it to his son Henry Wolf for one year from the 2d April 1839, for the rent of $575, no time being fixed by the lease for the payment of the rent. On the 13th March 1839, John Martin obtained a judgment against Michael Wolf, on which an execution issued, and the farm was levied and sold to Jacob Erwig, who received the sheriff’s deed therefor on the 9th November 1839. On the 12th August 1839,…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

This is a contest for the year’s rent between the purchaser of the land at sheriff’s sale, and the .assignee of the debtor. After judgment obtained against the debtor, he made a lease for a year at a rent of $575. No time being stipulated for the payment of rent, it was by law payable at the end of one year, and not before, rent being in its nature a reditus or return for the enjoyment of the annual profits of the land. The purchaser’s title under such judgment is paramount to the lease, and it is at his option, by the 119th section of the…

2Cited by13 opinions

  1. Ridgley v. StillwellSupreme Court of Missouri · 1858
  2. Bernard v. Triangle Music Co.Washington Supreme Court · 1939
  3. Marsh v. ButterworthMichigan Supreme Court · 1857
  4. Hayden v. PattersonSupreme Court of Pennsylvania · 1866
  5. Bittinger v. BakerSupreme Court of Pennsylvania · 1857

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