Lessee of Penn v. Divellin
Supreme Court of Pennsylvania
It was admitted, that the lessors of the plaintiff were seized of this tract, as part of their manor of Sinking Creek Valley.
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It was admitted, that the lessors of the plaintiff were seized of this tract, as part of their manor of Sinking Creek Valley. On the 22d October 1788, they leased the said manor, containing 16,000 acres more or less, to Richard Wells, for the purposes of smelting lead, with sundry privileges (except lot No. 47, sold to George Woods) for ten years, from the 25th March 1789, under the yearly rent of one ear of corn, if lawfully demanded, with a proviso, that the lessors should have power to demise or sell to any persons all or any part of the said man- or, during the said term, except the right…
1Opinion of the Court
MAY ASSIZES, 1798.
Landlord cannot support an ejectment against his lessee, without a forfeiture of the lease.
Ejectment for a messuage and 307 acres of land in Tyrone township.
The court observed, that this species of action is in its nature merely possessory, and an ejectment cannot be supported by a landlord against his own lessee, during the term demised, without a forfeiture thereof. If the defendants have infringed the convenants in the lease, or have been guilty of waste, they are punishable in other actions ; but it does not appear at present that they have incurred a forfeiture of.…
2Cited by1 opinion
- Jefferson County Gas Co. v. United Natural Gas Co.Supreme Court of Pennsylvania · 1915