Lessee of Diermond v. Stevenson
Supreme Court of Pennsylvania
Ejectment for lauds in Lycoming township, on the east side of Susquehannah. John Walker died intestate, seized of an improvement right to certain lands on Pine creek, leaving a widow and eight children. On the 17th June 1785, a pre-emption warrant issued to Jane his widow and William and Henry two of his sons, in trust for themselves and the other children, on which a survey was made of 292 acres and 142 perches.
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Ejectment for lauds in Lycoming township, on the east side of Susquehannah. John Walker died intestate, seized of an improvement right to certain lands on Pine creek, leaving a widow and eight children. On the 17th June 1785, a pre-emption warrant issued to Jane his widow and William and Henry two of his sons, in trust for themselves and the other children, on which a survey was made of 292 acres and 142 perches. On the 3d October 1790, John Walker, the fifth son, applied to the Orphans’ Court for a partition or appraisement of these lands, which were accordingly valued at 674i. 8s. 9d.; and…
1Opinion of the Court
By the court.
Hepburn cannot be considered as landlord. If he had even received the profits of the estate, he could not be made a co-defendant at the time of trial without consent. He has slipped his time and should have applied earlier. To admit him now would be a surprise on the plaintiff.
In general, a defendant in ejectment may show the title out *328of tbs plaintiff, (Hob. 103, 104. Vaugh. 7, 8, 58, 60. 1 Mod. 278. 2 Ld. Ray. 1293. 4 Burr. 2487. 2 Term Rep. 749) add thereby preclude him from recovery. But to this rule there are exceptions ; as the case put between mortgagor and mortgagee. So…
2Cited by3 opinions
- Peebles v. ReadingSupreme Court of Pennsylvania · 1822
- Taylor v. HendersonSupreme Court of Pennsylvania · 1828
- Bolton v. HamiltonSupreme Court of Pennsylvania · 1841