Cooper v. Mills

Citations

• 174 Pa. 302
• 34 A. 559
• 1896 Pa. LEXIS 882

Syllabus

<p>Landlord and tenant — Mortgage of leasehold — Corporations—Act of April 27, 1855.</p> <p>A corporation was in possession of a factory as a tenant, by virtue of an assignment to it of a lease. After the date of the assignment of the lease the corporation executed a mortgage of its leasehold, fixtures and machinery under the act of April 27, 1855, P. L. 869, to the landlord to secure rent in arrears. The property of the corporation was subsequently sold at a receiver’s sale. Held, that as the corporation was liable for the rent, and as the property was subject to distress for the rent in arrears, the mortgage did the creditors of the company no harm, and the claim for rent should be sustained as a preferred claim.</p>