1 S.C.L. 315
Pennsylvania Court of Common Pleas
Decided May 15, 1793
Pennsylvania Court of Common Pleas · decided 1793-05-15
IN an action of replevin, the defendant Smith, avowed the taking of the goods for rent in arrear, and produced a deed from one Kerr, of the premises, to the defendant, but offered no written lease to the plaintiff, Jacks, nor any evidence even of a parol lease» He rested solely on the right or conveyance of the land in question, from Kerr.
Decided 1793-05-15
¶1were decidedly of opinion, that there.must be some lease, either written or parol, to justify a distress. Some sum certain must be reserved, for which the landlord can enter and seize the tenant’s goods in this summary me» thod. Though they thought an .action for use and occupation, would He against the .tenant., for the tipie he- held the-house after it was sold.
¶2Vide the case of Smith v. The Sheriff of Charleston District, post.