Pancoast's Appeal
Pancoast's Appeal
Opinion of the Court
A design to impair the authority of Bantleon v. Smith by what was said in Sands v. Smith, was studiously disclaimed. The principle of that case was treated as a rule of property not to be disturbed in cases of the same stamp; but it was thought'not to be so conclusively founded in legal reason as to be a rule for cases in which the premises were not debtor for the rent. As there was no condition of re-entry in Sands v. Smith, the landlord’s immediate recourse was to the person or chattels of the tenant, as in the case of a tenancy for years. Here there is a clause of re-entry, as there was in Bantleon v. Smith; and as the
Decree affirmed.
Reference
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- Status
- Published