9 Watts 436 | Pa. | 1840
The opinion of the court was delivered by
The money now in court for distribution, arises from the sale of the personal estate of Mentor Perdue, who was the tenant of George Ege, under a lease for the Mount Holly Iron Works, dated the 25th of February • 1837, for five years, at the annual rate of six thousand dollars, payable in advance on each successive 1st of April. The Farmers & Mechanics’ Bank purchased the premises at sheriff’s sale, and on the 24th of August 1839, the sheriff of Cumberland county acknowledged the deed. The property was sold on a judgment of the bank against Ege, entered in April 1820. The bank claims the rent which accrued from the 1st of April 1839, and relies on the 119th section of the act of the 16lh of June, 1836—“If any lands or tenements shall be sold upon execution, as aforesaid, which, at the time of such sale, or afterwards, shall be held, or possessed by a tenant, or
The lease between Ege and Perdue was dated the 25th of February 1837, but the judgment on which the land was sold, was entered in April 1820. The purchaser, therefore, had the right to affirm, or disaffirm the lease. It seems clear, that he elected the latter, and if so, what right has he to rent which he can only claim in quality of landlord.? Before the expiration of the lease, he gave notice, as he had a right to do, to Perdue, to quit, and moreover sued out a writ of estrepement to prevent waste. The latter was an equivocal act, but connected with the former, it removes all doubt as to the intention of the bank.
Judgment affirmed.