DeCoursey v. Guarantee Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia: No. 131, to July Term 1874. •> The proceedings in this case were under the Landlord and Tenant Act of March 21st 1772, sect. 12, 1 Smith’s Laws 373, 2 Br. Purd. 879, pi. 17. They were commenced July 22d 1873, by the “ Guarantee Trust and Safe and Deposit Company,” against Samuel G. DeCoursey, to recover possession of eleven feet of ground on the east side of Carpenter’s court.
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Error to the Court of Common Pleas of Philadelphia: No. 131, to July Term 1874. •> The proceedings in this case were under the Landlord and Tenant Act of March 21st 1772, sect. 12, 1 Smith’s Laws 373, 2 Br. Purd. 879, pi. 17. They were commenced July 22d 1873, by the “ Guarantee Trust and Safe and Deposit Company,” against Samuel G. DeCoursey, to recover possession of eleven feet of ground on the east side of Carpenter’s court. The company on that day presented their complaint to David Beitler and William. P. Hibbard, Esquires, two aldermen of the city of Philadelphia, setting forth: That the…
1Opinion of the CourtJustice Paxson
The record in this case presents but three questions that need be discussed. The first is, whether the assignee of a portion of the demised premises is entitled to proceed under the Act of 1772, to recover the possession of such portion. It appears that the Carpenters’ Company of the city of Philadelphia, by lease dated May 5th 1871, demised to Samuel G. DeOoursey, the plaintiff in ■error, a property on the east side of Carpenters’ court, for the term of two years from the 1st day of July 1871, reserving rent; *227that the said DeCoursey entered into possession of the demised premises ; that on…
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