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· 10/28/1870

Lewis's Appeal

Citations

  • 66 Pa. 312
  • 1871 Pa. LEXIS 31

Syllabus

<p>1. A lessor died during the term having devised the premises to his wife for life. Held, that she might distrain for rent in arrear under the lease.</p> <p>2. She was consequently entitled to receive the rent due from the proceeds of sheriff's sale of tenant's goods on the premises, although the term had expired and the tenant was holding under a new lease from herself.</p> <p>3. The landlord's right to receive his rent from a sheriff's sale depends upon his right to distrain the goods sold.</p> <p>4. The landlord may distrain whenever the rent is in arrear and he retains the title.</p> <p>5. The landlord’s right to distrain is without limitation as to time.</p>

Judges: Agnew, Read, Sharswood, Thompson, Williams

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