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2 Miles 69

Knight v. Banes

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1837-03-15

THIS was a fieri facias, and under it the defendant’s personal property, to wit, hay and grass, then being on a certain tract of land, were sold, and the proceeds wrere paid into court.

Decided 1837-03-15

Per Curiam.

¶1rule must be made absolute. Mrs. Banes’ This annual interest is charged on the land and is recoverable by distress. This according to the spirit of Turner v. Hauser, 1 Watts 423, in which the acts of assembly were construed, establishes a general principle which places her in the situation of a landlord, and gives her the same remedies a landlord has against a tenant. Although this exact case is not decided, yet, as one of these remedies, as provided by statute, is the taking out of the proceeds of sheriff’s sales of personal property on the land, rents not exceed*70ing one year, where no distress has been made, but a claim has been made in due time on the sheriff, the applicant here is entitled to the benefit of the operation of the general principle.

¶2Rule absolute.

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