Newman v. Rutter
Supreme Court of Pennsylvania
ERROR to the common pleas of Lebanon, county. Henry Newman against Benjamin Rutter. This was an action of ejectment to recover two lots in Newmanstown. It appeared that the late proprietors granted the land including the lots, in 1741, to Walter Newman. In 1765, Walter Newman, by deed, conveyed the lots in question to Frederick Moore, in fee, reserving eight shillings rent on each lot, payable annually on the 26th of August.
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ERROR to the common pleas of Lebanon, county. Henry Newman against Benjamin Rutter. This was an action of ejectment to recover two lots in Newmanstown. It appeared that the late proprietors granted the land including the lots, in 1741, to Walter Newman. In 1765, Walter Newman, by deed, conveyed the lots in question to Frederick Moore, in fee, reserving eight shillings rent on each lot, payable annually on the 26th of August. By the terms of this deed, a counterpart of which was executed by Frederick Moore, it was stipulated that if the rent should be in arrear sixty days, the owner of it…
1Opinion of the Court
*54The opinion of the Court was delivered by
Rogers, J.
One of the objections to the judgment of the Court of Common Pleas, is their answer to the fourth point. The court instructed the jury, in answer to that point, that to entitle the plaintiff to enter agreeably to the terms of the deed, it must appear not only that the rent was in arrear and unpaid, but that there was not sufficient personal property on the lot,' liable to be distrained, to enable plaintiff effectually to compel payment of the rent by distress. By the terms of the deed it is stipulated that if the rent should be in arrear…
2Cases cited1 opinion
- Stoever v. Lessee of WhitmanSupreme Court of Pennsylvania · 1814
3Cited by14 opinions
- Wells v. SheererSupreme Court of Alabama · 1884
- Jones Et Ux. v. StifflerSuperior Court of Pennsylvania · 1939
- De Lancey v. . GanongNew York Court of Appeals · 1853
- Wallace v. Fourth United Presbyterian ChurchSupreme Court of Pennsylvania · 1886
- Brown v. BrownSuperior Court of Pennsylvania · 1948
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