Longstreth v. Pennock , 22 L. Ed. 451 ( 1875 )

87 U.S. 575 (____) 20 Wall. 575

LONGSTRETH
v.
PENNOCK.

Supreme Court of United States.

Mr. J.C. Longstreth, for the assignee, plaintiff in error; Mr. J.B. Townsend, contra.

Mr. Justice SWAYNE delivered the opinion of the court.

The assignee acquired his title to the movable property found on the demised premises, subject to the rights of all other persons.^[*] The rent in question was for a period which terminated when the assignee took possession, and the entire period was within a year of that time. Before the commencement of the proceedings in bankruptcy, the defendants in error might have distrained; and it is agreed that the property upon the premises was more than sufficient to satisfy the demand. The statute of Pennsylvania, of June 16th, 1836, provides that where property under such circumstances is seized and sold under execution, the rent due for a period not exceeding one year shall be paid first out of the proceeds of the sale. This case is within the equity of that statute.^[*] The question presented is one belonging to the local law of Pennsylvania. We think it was correctly decided by the Circuit Court.

JUDGMENT AFFIRMED.

NOTES

[*] Gibson v. Warden, 14 Wallace, 244.

[*] Sedgwick's Statutory and Constitutional Law, 296.