Losee v. McFarland
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Qrawford county: Of October and November Term 1877, No. 223. The proceedings in the court below were as follows :— Ejectment was brought by Jesse A. Losee against John D. McFarland and wife for a house and lot in the city of Titusville. The writ was served on both defendants, who were about to remove from the premises.
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Error to the Court of Common Pleas of Qrawford county: Of October and November Term 1877, No. 223. The proceedings in the court below were as follows :— Ejectment was brought by Jesse A. Losee against John D. McFarland and wife for a house and lot in the city of Titusville. The writ was served on both defendants, who were about to remove from the premises. Under a rule of court plaintiff filed a brief of title, which set forth that the property had been sold to him as the property of McFarland, under a judgment obtained against the latter. An order was made upon defendants to answer within…
1Opinion of the CourtJustice Gordon
Ejectment is a possessory action; hence the writ is served upon the one found in possession, rather than upon the one who may chance to have title.
If the one in possession happens to be a tenant, his landlord may intervene and defend; if he does not choose so to do, and judgment be obtained against the tenant, the landlord cannot then intervene to prevent the plaintiff in the ejectment from taking possession. The possession of the tenant is the possession of the landlord; therefore the ejectment, whilst it may have no effect in determining the question of title as between the plaintiff and…
2Cited by3 opinions
- Bannard v. New York State Natural Gras Corp.Supreme Court of Pennsylvania · 1961
- Noyes v. BrooksSuperior Court of Pennsylvania · 1899
- Harrisburg Redevelopment Authority v. Capitol Commercial Corp.Pennsylvania Court of Common Pleas · 1971