Wyke v. Wilson

Citations

• 173 Pa. 12
• 33 A. 701
• 1896 Pa. LEXIS 651

Syllabus

<p>Landlord and tenant — Distress—Lease—Sale of tenant's goods.</p> <p>A landlord who distrains for rent and sells the goods without having them appraised as required by law is a trespasser ab initio, and he is not protected under a clause of the lease by which the goods were granted and sold to him as security for the rent, with a further provision that for rent in arrears the lessor might seize the goods on or off the premises, and sell them on three days’ notice.</p> <p>In such a case the lease gave the landlord certain rights in addition to those given by law, but his legal rights and remedies were preserved, and when he undertook to proceed to collect the rent by distress, and sell upon the landlord’s warrant, he was bound to proceed in the manner prescribed by law.</p>