Dyer v. Wightman

Citations

• 66 Pa. 425
• 1871 Pa. LEXIS 53

Syllabus

<p>1. Nothing but a surrender,'release or eviction can absolve a tenant from his covenant to pay rent. |</p> <p>2. Occupation by a disseisor or the military force of a public enemy, or . destruction by providential disaster or by fire, will not relieve the tenant ‘ from the payment of rent.</p> <p>3. Taking by the sovereign by right of eminent domain is not an eviction.</p> <p>4. Tenants are such owners as are entitled to compensation from the Commonwealth or her grantee and must look there for compensation.</p> <p>5. It seems that when land is appropriated by the sovereign the landlord is entitled only to the present valúe of his reversion subject to the term and the tenant being personally bound, is entitled to the value of his term subject to the rent and so much beside as will indemnify him for the rent payable in futuro,</p> <p>6. When a deduction is made from the lessor’s damages under appropriation by the sovereign, for the time the lease has to run and awarded to the lessee, it in equity belongs to the lessor, because by the appropriation he is deprived of recourse to the land for his rent.</p> <p>7. The viewers to assess damages ought upon principles of equity to award this to the landlord and not to the tenant.</p> <p>8. Such award would release the tenant from his personal obligation.</p> <p>9. The fund assessed takes the place of the land, all parties are thrown upon it and the relation of landlord and tenant is extinguished.</p> <p>10. N. Penna. R. R. v. Davis, 2 Casey 241, adopted; Mifflin v. Workman, 6 Id. 362, Yoegtly «. Pitts. P. W. C. R. R., 2 Grant 243, Cuthbert v. Kuhn, 3 Whart. 357, distinguished.</p>