Fennell v. Guffey
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 233 October Term 1890, Sup. Ct.; court below, No. 131 October Term 1890, O. P. No. 2. On August 7, 1890, William Fennell brought assumpsit against James M. Guffey, filing a statement of claim, verified by affidavit, to recover payments of $231 each, coming due February 12,1887,1888,1889 and 1890, with interest, under a lease for twenty years of the plaintiff’s land for oil and gas production…
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APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 233 October Term 1890, Sup. Ct.; court below, No. 131 October Term 1890, O. P. No. 2. On August 7, 1890, William Fennell brought assumpsit against James M. Guffey, filing a statement of claim, verified by affidavit, to recover payments of $231 each, coming due February 12,1887,1888,1889 and 1890, with interest, under a lease for twenty years of the plaintiff’s land for oil and gas production executed and delivered to E. C. Beardsley on May 12,1886, assigned by E. C. Beardsley on January 24,1887, to J. M.…
1Per curiam
The court below was right in entering judgment against the defendant for want of a sufficient affidavit of defence. The defendant contends, however, that, as assignee of the lessee,'he is not liable; that the suit should have been brought against his assignor. But the covenant was in the nature of a covenant to pay rent, and runs with the land. It is settled law that covenants to pay rent or royalty run with the land, and that the assignee of the lease is liable for the payment of all rents or royalties which accrued while he held the assignment of the lease: Borland’s App., 66 Pa. 470;…
2Cases cited5 opinions
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Bradford Oil Co. v. BlairSupreme Court of Pennsylvania · 1886
- Negley v. MorganSupreme Court of Pennsylvania · 1863
- Borland's AppealSupreme Court of Pennsylvania · 1870
3Cited by21 opinions
- Heller v. DaileyIndiana Court of Appeals · 1902
- Fennell v. GuffeySupreme Court of Pennsylvania · 1893
- Hafeman v. Gem Oil CompanyNebraska Supreme Court · 1956
- Indiana Natural Gas & Oil Co. v. HintonIndiana Supreme Court · 1902
- MacDonald v. O'NeilSuperior Court of Pennsylvania · 1902
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