Kuhn Co. v. Fell

Citations

• 225 F. 13
• 1915 U.S. App. LEXIS 2090

Syllabus

<p>1, Bankruptcy <§=>191—Liens—Lien of Landlord on Property Subject to Distress.</p> <p>Within Act Pa. June 10, 1836, § 83 (P. L. 777), providing that goods and chattels on demised premises taken by virtue of an execution and liable to distress shall be liable for the payment of any rent due at the time of the taking thereof, the filing of a petition in bankruptcy is equivalent to the issuing of an execution.</p> <p>I Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 286, 287, 290, 351; Dec. Dig. <@=»191J</p> <p><£cs>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>2. Landlord And Tenant <@=267—Distress-—Persons Entitled to Dis-train.</p> <p>An assignment of rent due or to become due under a lease did not, without a transfer of the lease or the reversion, make the assignee the landlord, so as to be entitled to distrain for rent.</p> <p>[Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. §§ 1080, 1081; Dec. Dig. <@=267.]</p> <p>3. Landlord and Tenant <@=267—Distress—Persons Entitled to Distrain —“Mortgage.”</p> <p>An assignment of rent due or to become due under a lease to a mortgagee of the leased premises, together with notice thereof to the lessee and the lessee’s acceptance of notice and subsequent payment of rent to the mortgagee, did not make the mortgagee the landlord, so as to be entitled to distrain for the rent under the law of Pennsylvania, since, while a mortgage is a conveyance of the fee, or has many of . the incidents of such a conveyance, its essential object is to secure a debt, and nothing but actual possession will clothe the mortgagee with a qualified ownership of the fee, so as to give him a landlord’s rights.</p> <p>[Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. §§ 1080, 1081; Dec. Dig. <@=267.</p> <p>For other definitions, see Words and Phrases, First and Second Series, Mortgage.]</p> <p>4. Bankruptcy <@=191—Claims—Priority—Persons Entitled to Assert.</p> <p>W., one of