Pancoast's Appeal

Supreme Court of Pennsylvania
Pancoast's Appeal, 8 Watts & Serg. 381 (Pa. 1845)

Pancoast's Appeal

Opinion of the Court

Per Curiam.

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 *382tenant’s estate was immediately liable to malee satisfaction, what matters it whether it has been sold on a judgment recovered by a stranger, or on a judgment recovered by the landlord on the covenant in his ground-rent deed? The'landlord had a lien on the estate of the tenant, and he may have recourse to its substitute brought into court, however the conversion into money may have been effected.

Decree affirmed.

Reference

Cited By
4 cases
Status
Published