Ward v. City of Philadelphia
Supreme Court of Pennsylvania
Error to Common Pleas, No. 4, of Philadelphia County to review a judgment on a verdict for the defendant in an action of replevin. This was an action of replevin by Prank EL Ward against the city of Philadelphia, for goods belonging to him distrained by the defendant for rent alleged to be due. Upon avowry by the defendant the plaintiff pleaded non demisit and non tenure.
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Error to Common Pleas, No. 4, of Philadelphia County to review a judgment on a verdict for the defendant in an action of replevin. This was an action of replevin by Prank EL Ward against the city of Philadelphia, for goods belonging to him distrained by the defendant for rent alleged to be due. Upon avowry by the defendant the plaintiff pleaded non demisit and non tenure. At the trial it appeared that in 1870 the city was authorized by act of assembly to take actual possession of any land or property at or near South street which it might deem necessary for the site of a bridge. Under this…
1Opinion of the Court
Opinion by
Mr. Justice Trunkey :
Ward’s deed is dated June 1, 1874, and is on its face subject to the rights of the city to the use of that portion of the premises taken and necessary for the bridge. He has been in possession of the premises since the execution of his deed.
In 1881 he became a party to the lease, in which he covenanted to pay rent and to deliver up the premises to the city at the end of the term. Before he accepted the lease he knew all the facts, saw an advertisement for a public sale, attended the sale, and became the highest bidder for the lease.
Prior to the advertisement,…
2Cases cited4 opinions
- Hockenbury v. SnyderSupreme Court of Pennsylvania · 1841
- Thayer v. Society of United BrethrenSupreme Court of Pennsylvania · 1852
- Baskin v. SeechristSupreme Court of Pennsylvania · 1847
- Robins v. KitchenSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Williams v. WaitSouth Dakota Supreme Court · 1891
- Rhodes v. DowningAlabama Court of Appeals · 1915
- Williams v. NelsonUtah Supreme Court · 1925