Lessee of Hamilton v. Marsden
Supreme Court of Pennsylvania
IN ERROR. * 1 HHIS was a writ of error to the Common Pleas of Miff.in county, with which were returned two bills of exceptions to the opinion of the Court below, in evidence. • # . First bill.
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IN ERROR. * 1 HHIS was a writ of error to the Common Pleas of Miff.in county, with which were returned two bills of exceptions to the opinion of the Court below, in evidence. • # . First bill. The suit was an ejectment for a tract of land, ' which the plaintiff claimed derivatively under a location of the 13th May 1769; and having proved a lease of the premises by himself to a certain John Magee, on the 6th June 1785, for five years, from the 1st of April 1785, and that the defendant claimed under Magee, he rested his . ° _ The defendant then, in order to enable him to prove title adverse to…
1Opinion of the Court
Tilghman C. J.
The plaintiff proved that the defendant claimed under John Magee, and that Magee had taken a lease from him, (the plaintiff) and therefore contended, that neither the said Magee, nor the defendant who claimed under him, should be admitted to controvert the plaintiff’s-title. On the other hand, the defendant offered to prove that Magee had taken a lease from James Brown, and entered into possession by virtue of it, after which the plaintiff came to the land with two other men with guns, and threatened to turn Magee off, unless he took a lease, in consequence of which he did take…
2Cases cited1 opinion
- Sluby v. ChamplinNew York Supreme Court · 1809
3Cited by19 opinions
- Kenney v. GreerIllinois Supreme Court · 1851
- Landers v. BoltonCalifornia Supreme Court · 1864
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Hamsher v. KlineSupreme Court of Pennsylvania · 1868
- Rankin v. TenbrookSupreme Court of Pennsylvania · 1836
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