Garrett v. Dewart
Supreme Court of Pennsylvania
Error, to the Common Pleas of Northumberland county. This was an action of covenant, brought November 13th 1860, by William L. Dewart against George Garrett, in which the following case was stated for the opinion of the court:— By articles of agreement, dated the 2d day of March, a. d. 1846, sealed and delivered by and between Lewis Dewart of the one part and George Garrett, the defendant, on the other part, said Lewis Dewart demised and leased unto the said George Garrett a…
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Error, to the Common Pleas of Northumberland county. This was an action of covenant, brought November 13th 1860, by William L. Dewart against George Garrett, in which the following case was stated for the opinion of the court:— By articles of agreement, dated the 2d day of March, a. d. 1846, sealed and delivered by and between Lewis Dewart of the one part and George Garrett, the defendant, on the other part, said Lewis Dewart demised and leased unto the said George Garrett a certain messuage and tract of land, of which the said Lewis Dewart was seised in fee simple, situate in Penn township,…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
We are of opinion that the rent which is in controversy in this case had accrued before the acknowledgment and delivery of the deed to the purchasers at sheriff’s sale. By the terms of the lease, the grain in which the rent was payable was to be delivered to the landlord in the mow or corncrib. Then, that is, after its delivery, the tenant was under obligation to thrash it, and deliver it at some storehouse; and he covenanted to thrash and deliver all the grain except corn, whenever, in each year, he might be directed by the landlord to do…
2Cases cited1 opinion
- Farmers & Mechanics' Bank v. EgeSupreme Court of Pennsylvania · 1840
3Cited by19 opinions
- Collins ex rel. Hill v. London Assurance Corp.Supreme Court of Pennsylvania · 1895
- Wells Fargo Bank, N.A. v. LongSuperior Court of Pennsylvania · 2007
- City of Philadelphia v. F.A. Realty Investors Corp.Commonwealth Court of Pennsylvania · 2014
- In Re RouseUnited States Bankruptcy Court, E.D. Pennsylvania · 1985
- Russell v. Equibank, N. A. (In Re Russell)United States Bankruptcy Court, W.D. Pennsylvania · 1980
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