Legal Opinion

Ege v. Ege

Supreme Court of Pennsylvania

Decided May 15, 1836PublishedCited by 10 opinions

ERROR to the common pleas of Cumberland county. George Ege against Peter Ege. Issues directed by the coui't of common pleas to try the right of the respective claimants to the proceeds of the sale of the personal estate of John M. Woodburn, sold by the sheriff upon executions.

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ERROR to the common pleas of Cumberland county. George Ege against Peter Ege. Issues directed by the coui't of common pleas to try the right of the respective claimants to the proceeds of the sale of the personal estate of John M. Woodburn, sold by the sheriff upon executions. The facts which gave rise to the questions of law determined were these: George Ege, being the owner of Mount Holly Iron Works estate, leased the same by the following agreement: “Article of agreement made and finally concluded this 28th day of July 1831, by and between George Ege, of South Middleton township, and Peter…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

It would be inconsistent with the nature of the contract between George and Peter Ege, that George Ege should have the right to distrain for the arrearages of rent. It is agreed between them that Peter should appropriate the rent, as it became due, to the payment of the debts of George. He is also vested with power to pay debts before the rent becomes due, or, if need be, to assume the responsibility of paying them. In case of mismanagement, in relation to the trust, the remedy would not be by distress, but by an action on the agreement; for…

2Cases cited2 opinions

  1. Lichtenthaler v. ThompsonSupreme Court of Pennsylvania · 1825
  2. Mitchell's Administrator v. StewartSupreme Court of Pennsylvania · 1825

3Cited by10 opinions

  1. Shalet v. KlauderCourt of Appeals for the Third Circuit · 1929
  2. Herron v. GillIllinois Supreme Court · 1884
  3. Sookiasian v. Swift Co. Inc.Superior Court of Pennsylvania · 1930
  4. Appeal of WorkSupreme Court of Pennsylvania · 1880
  5. Harman Electric Co. v. First Real Estate Investment Co.District Court, W.D. Pennsylvania · 1972

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