Owens v. Shovlin

Citations

• 116 Pa. 371
• 9 A. 484
• 1887 Pa. LEXIS 402

Syllabus

<p>1. The right of a landlord to follow and distrain his tenant’s goods and chattels removed from the demised premises, exists only by force of § 5 of the act of March 21, 1772, 1 Sm. L. 371; and, in the absence of a special provision in the lease otherwise, the right can be exercised only when the goods have been removed fraudulently or clandestinely.</p> <p>2. Notwithstanding there is a provision in a lease that in case of the removal of the tenant from the premises during the term, the whole rent unpaid should then become due and collectible by distress or otherwise, goods and chattels of the tenant removed from the premises cannot be distrained unless the removal was fraudulent and clandestine, which is a question of fact to be submitted to the jury.</p>