Longstreth v. Pennock
Longstreth v. Pennock
Opinion
delivered the opinion of the court.
The assignee acquired his title to the movable proper found on the demised premises, subject to the rights of al other persons. * The rent in question was for a period which terminated when the assignee took possession, and the entire period was within a year of that time. Before the commencement of the proceedings in bankruptcy, the defendants in error might have distrained; and it is agreed that the property upon the premises was more than sufficient to satisfy the demand. The statute of Pennsylvania, of June *577 16tb, 1886, provides that where property under such circumstances is seized and sold under execution, the rent due for a period not exceeding one year shall be paid first out of the pi cecds of the sale. This case is within the equity of that tute. * The question presented is one belonging to the J law of Pennsylvania. We think it was correctly decided the Circuit Court.
Judgment affirmed.
Reference
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- The Pennsylvania statute of June 16th, 1836, which provides that where property upon demised premises, and liable to distraint, is seized on execution and sold, the,officer making the sale shall pay the rent (provided it does not exetjed one year’s rent) in preference to the judgment on which the execution issued, extends, by an equitable intendment, to a seizure of^oods similarly situated, by an assignee in bankruptcy. A landlord’s claim is accordingly, in Pennsylvania, first paid out of the bankriwit’s goods liable to distress on demised premises, and before makjég a dividend of their proceeds among the creditors generally.