Legal Opinion

Braker v. Deuser

Superior Court of Pennsylvania

Decided March 1, 1912No. Appeal, No. 132PublishedCited by 6 opinions

Appeal, No. 132, Oct. T., 1911, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1908, No. 3,928, on verdict for plaintiff in case of Leon Braker, Agent for Fannie Braker, v. Julius N. Deuser. Assumpsit for rent. Before Sulzberger, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $83.33. Defendant appealed. jError assigned was in overruling motion to enter judgment for defendant non obstante veredicto.

1Opinion of the Court

Opinion by

Henderson, J.,

That Fannie Braker was the owner of the demised premises for the period covered by the claim for rent was clearly established at the trial and not disputed. Her husband testified that she was the owner of the property; that at the time it was bought by her the appellant was in possession and the deed to her was offered in evidence from the record of the recorder’s office. The effect of this conveyance was to transfer to her the land subject to the lease then held by the tenant and it was not necessary that a written assignment of the lease be executed and delivered to…

2Cases cited5 opinions

  1. Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
  2. Adams v. EdwardsSupreme Court of Pennsylvania · 1887
  3. Wampler v. ShisslerSupreme Court of Pennsylvania · 1841
  4. Passenger Conductors' Life Ins. v. BirnbaumSupreme Court of Pennsylvania · 1887
  5. Tilford v. FlemingSupreme Court of Pennsylvania · 1870

3Cited by6 opinions

  1. Curry v. Bacharach Quality Shops, Inc.Supreme Court of Pennsylvania · 1921
  2. Dolezal v. BostickSupreme Court of Oklahoma · 1914
  3. Fogerty v. DixSuperior Court of Pennsylvania · 1920
  4. Cornelia Cuyler's EstatePennsylvania Orphans' Court, Philadelphia County · 1925
  5. Dolezal v. BostickSupreme Court of Oklahoma · 1914

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