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10 Watts 362

Braddee v. Wiley

Supreme Court of Pennsylvania

Decided September 15, 1840

Supreme Court of Pennsylvania · decided 1840-09-15

This was an action of covenant by John E. Braddee against Samuel Wiley. The plaintiff Braddee being the owner of a farm, leased the same to the defendant, Wiley, for the term of four years, ending on the 1st of April 183S, at 160 dollars per annum, payable at the end of each year. On the 5th of January 1838, the farm was sold by the sheriff, as the property of Braddee, to N. Ewing, Esq., and the deed was then acknowledged and delivered.

Decided 1840-09-15

Per Curiam:

¶1The reasons given by the president of the district court, are so full and satisfactory, that it is deemed unnecessary to go into any particular examination of the question here. The words in each statute have exactly the same meaning; and the only thing which could cast a doubt on the intent, is that an alteration in the language has been made, and, on the principle of the interpretation adopted, to no purpose. It was perhaps to accommodate the language of the new act to the words referred to, that an alteration was deemed convenient, if not necessary; at all events, it is not clear that a new provision was intended to be introduced, and we are not to alter the law upon the foundation of a surmise.

¶2Judgment affirmed.

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