The York Legal Record Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 Excerpt: ...agreement, "the party of the second part to have the same right after the expiration of the term of this lease to bricks which may belong to him on said premises when this lease expires." Under this agreement Kline took possession and commenced the manufacturing of bricks. Becoming embarrassed the Sheriff, under an execution upon a judgment confessed to Noll, levied upon and sold all the defendant Kline's personal property upon the premises, including all the bricks then on hand. Upon the distribution of the fund raised by the Sheriff's sale the several questions now under consideration arose. The first question was: Whether the agreement above recited was such a lease as entitled the said Mendenhall & Johnson to the common law right of distress for rent in arrear, and the statutory privilege to claim payment of one year's rent out of the fund in preference to the execution creditor? Second: Whether, granting the landlord's right of distress, the whole rent was due? Third: Whether the claim for wages had priority over the rent? The Auditor appointed to report dis tribution has decided all these questions in the affirmative. To his report both parties have excepted. The landlord complains because the auditor has given preference to the wages.--The plaintiff in the execution is dissatisfied because the rent has been preferred to his execution. The first question is, whether the relation of landlord and tenant existed between Mendenhall & Johnson and Kline. It is not every agreement for the possession of lands and tenements which gives to the owner of the fee the rights of a landlord or subjects the possessor to the liabilities of a tenant. In order to constitute a valid lease, to which the right of distress will be incident, the landlord mus...