Legal Opinion

White v. Arndt

Supreme Court of Pennsylvania

Decided January 16, 1836PublishedCited by 14 opinions

Writ of error to the Court of Common Pleas of Northampton county, to remove the record of an action in which Abraham Arndt was plaintiff, and William White, defendant. The material facts appeared to be as follows: Jacob Arndt devised Jo his wife for the term of her life, a brick store, a stone house, and two lots of ground, in the borough of Easton, with remainder in fee to Abraham Arndt, the plaintiff.

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Writ of error to the Court of Common Pleas of Northampton county, to remove the record of an action in which Abraham Arndt was plaintiff, and William White, defendant. The material facts appeared to be as follows: Jacob Arndt devised Jo his wife for the term of her life, a brick store, a stone house, and two lots of ground, in the borough of Easton, with remainder in fee to Abraham Arndt, the plaintiff. The widow after-wards married William A. Lloyd, w7ho, with his wife, demised the premises to William White, for the term of three years, from the 1st day of July, 1829, at the rent of 300…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

It is a general rule of the common law, that whatever is ánnexed to the inheritance during the tenancy, becomes so much a part of it, that it cannot be removed by the tenant, although the improvements may have been made at his own expense. As in Warner v. Fleetwood, 4 Rep. 63, glass put in by the tenant, or wainscot fastened by nails, was held part of the inheritance. To this rule there are certain exceptions, nearly as old as the rule itself, as between landlord and tenant, that whatever buildings or other fixtures are erected for the…

2Cited by14 opinions

  1. Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
  2. Radey v. McCurdySupreme Court of Pennsylvania · 1904
  3. Jones v. ShufflinWest Virginia Supreme Court · 1898
  4. Moore v. SmithIllinois Supreme Court · 1860
  5. Davis v. MossSupreme Court of Pennsylvania · 1861

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