Legal Opinion

Martin's Appeal

Supreme Court of Pennsylvania

Decided March 15, 1843PublishedCited by 1 opinion

THIS was an appeal by Dr George Martin from the decree of the Court of Common Pleas of Montgomery county, refusing to allow him to take out of court certain moneys claimed by him as rent, which the sheriff had paid into court. Charles Cox obtained judgment against James Maxwell at February term 1841, and issued a fieri facias to May term 1841, which the sheriff levied on personal property of the defendant, being on premises which he had rented of Dr Martin.

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THIS was an appeal by Dr George Martin from the decree of the Court of Common Pleas of Montgomery county, refusing to allow him to take out of court certain moneys claimed by him as rent, which the sheriff had paid into court. Charles Cox obtained judgment against James Maxwell at February term 1841, and issued a fieri facias to May term 1841, which the sheriff levied on personal property of the defendant, being on premises which he had rented of Dr Martin. Th& sheriff sold this property under the fieri facias on the 31st March 1841, having received notice on the day of sale of Dr Martin’s…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

Whether when rent is ■ reserved payable in advance the landlord has a right to. distrain immediately on the rent’s becoming due, is doubted in Diller v. Roberts, (13 Serg. & Rawle 60) : and that doubt, it appears to me, is greater where the question is on the right to distrain for such rent before the commencement of the lease. But it seems clear that under the provisions of the 83d section of the Act of 16th June 1836, relating to executions, where a sale is made of the tenant’s goods under an execution during the term of one lease, the…

2Cases cited1 opinion

  1. Diller v. RobertsSupreme Court of Pennsylvania · 1825

3Cited by1 opinion

  1. Moss's AppealSupreme Court of Pennsylvania · 1860

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