Carman v. Beam
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1878, No. 124. Ejectment by Jacob S. Beam, to the use of Samuel S. Kelly, against Charles C. Carman, for a house and lot in the city of Philadelphia. Defendants pleaded “Not guilty.” Before the trial the equitable plaintiff obtained possession of the premises as hereinafter stated, and then gave defendant notice of his claim for mesne profits.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1878, No. 124. Ejectment by Jacob S. Beam, to the use of Samuel S. Kelly, against Charles C. Carman, for a house and lot in the city of Philadelphia. Defendants pleaded “Not guilty.” Before the trial the equitable plaintiff obtained possession of the premises as hereinafter stated, and then gave defendant notice of his claim for mesne profits. It appeared at the trial that Beam and Carman entered into an agreement in writing, dated September 18th 1867, wherein Beam agreed to furnish all the materials, and to…
1Opinion of the CourtJustice Sterrett
The issue, first formed by the pleading, was solely as to the right of the plaintiff below to the possession of the premises described in the writ. Before the trial he obtained possession by virtue of the deed from Pearson, to whom the defendant had conveyed after suit was brought. He then gave notice “ that on the trial a claim would be made for mesne profits, and also for the amount of $2500, secured by the defendant by virtue of a mortgage on the premises, while he wras the mere custodian of the title.”
However it may be elsewhere, in this state it has been decided that in our statutory…
2Cases cited2 opinions
- Cook v. NicholasSupreme Court of Pennsylvania · 1841
- Dawson v. M'GillSupreme Court of Pennsylvania · 1839
3Cited by6 opinions
- Alexander v. ShalalaSupreme Court of Pennsylvania · 1910
- Keown v. MallisseeSuperior Court of Pennsylvania · 1914
- Parks v. Penna. Clay Co.Superior Court of Pennsylvania · 1915
- Harris v. PhiladelphiaSupreme Court of Pennsylvania · 1889
- Richards v. Christman, Pennsylvania Court of Common Pleas, Franklin County1966
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