Lewis v. Effinger
Supreme Court of Pennsylvania
Error to the Common Pleas of Delaware county. This was an ejectment by Henry Effinger against George Lewis, Mordecai Lewis, and John Reece Lewis, for half an acre of land in the township of Nether Providence, in Delaware county. Both parties claimed under a lease dated the 18th September 1750, from James Sharpless to James Crozer; the plaintiff under the lessor, and the defendants under the lessee.
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Error to the Common Pleas of Delaware county. This was an ejectment by Henry Effinger against George Lewis, Mordecai Lewis, and John Reece Lewis, for half an acre of land in the township of Nether Providence, in Delaware county. Both parties claimed under a lease dated the 18th September 1750, from James Sharpless to James Crozer; the plaintiff under the lessor, and the defendants under the lessee. By this instrument Sharpless demised unto Crozer, his heirs, executors, administrators, and assigns, “ a certain piece or parcel of land, situate and being in Providence township aforesaid,…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.
— This record starts a new question. Two men agree, in the most solemn form known to the law, one to demise certain premises, and the other to hold them, and pay rent. More closely considered, the instrument is a lease of land suitable for the breast of a dam, and the grant of an easement, namely, the right to overflow certain other land with water. In the body of the paper, it is expressly provided that the lessee, his heirs and assigns, may hold the said premises, liberties, and privileges, so long as he and they shall think proper, after…
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