West v. Herrod

Decided January 4, 1886

Supreme Court of Pennsylvania · decided 1886-01-04

1, of Allegheny County to review a judgment entered non obstante veredicto. This was an action to recover the annual rental or purchase money of a right of way over a certain tract of land in Mifflin township, Allegheny county. The right of way was granted by Nancy West to Matthew Henning and William Redman by a lease in writing, dated July 20, 1864:, acknowledged and recorded. The annual rental reserved was $300.

Affirmed · Decided 1886-01-04

Per Curiam :

¶1The court committed no error in entering judgment non obstante veredicto on the question of law reserved. The sale on the mortgage transferred the land to the purchaser subject to the lease; but he became entitled to the rents which accrued after his purchase. The liability of the tenant to pay rent continued; but the right to receive it was transferred from his former landlord, to the purchaser at sheriff’s sale,

¶2Judgment aiSrmod.

¶3 Cited in De Roy v. Richards, 8 Pa. Super. Ot. 119-129, 42 W. N. 0. 499, 29 Pittsb. L. J. N. S. 78.