Legal Opinion

Hazlett v. Powell

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 10 opinions

Error to the District Court of Philadelphia. This was an action of replevin by Robert F. Hazlett and Robert M. Slaymaker against John Hare Powell and William G-arrigues. The defendant Powell, and Garrigues, as his bailiff, avowed the taking of the goods as a distress for rent in arrear, to which the plaintiffs pleaded an eviction.

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Error to the District Court of Philadelphia. This was an action of replevin by Robert F. Hazlett and Robert M. Slaymaker against John Hare Powell and William G-arrigues. The defendant Powell, and Garrigues, as his bailiff, avowed the taking of the goods as a distress for rent in arrear, to which the plaintiffs pleaded an eviction. On the 12th May 1853, John Hare Powell demised and leased to the plaintiffs below a messuage and building, called the Columbia House, and ground thereto belonging, situate on the north side of Chestnut street, between Delaware Sixth and Seventh streets, and…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

— The property which passed by the express terms of this lease was the lot of ground on which the “ Columbia Hotel” was erected, to the extent of its boundaries, with dominion upwards and downwards, ad infinitum, “ cujus est solum, ejus usque ad coelum, ad inferos,” together with the messuages, buildings, and fixtures on it, or appurtenant to it.

If the plaintiffs in error are entitled to an apportionment of the rent, it is because some covenant of the landlord has failed, in regard to some portion of the premises, by reason of which the…

2Cases cited6 opinions

  1. Laidlaw v. OrganSupreme Court of the United States · 1817
  2. Story v. OdinMassachusetts Supreme Judicial Court · 1815
  3. Vanderkarr v. VanderkarrNew York Supreme Court · 1814
  4. Laughran v. KellyMassachusetts Supreme Judicial Court · 1851
  5. Gates v. CaldwellMassachusetts Supreme Judicial Court · 1810

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Kelly v. MillerSupreme Court of Pennsylvania · 1915
  2. Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
  3. Maioriello v. ArlottaSupreme Court of Pennsylvania · 1950
  4. Felin v. FutcherSuperior Court of Pennsylvania · 1912
  5. Holden v. TidwellSupreme Court of Oklahoma · 1913

5 more not listed; retrieve them via the Exa API.

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