Lanigan ex rel. Stichter v. Kille
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1880, No. 28. Covenant, by James Lanigan to the use of Henry P. Stiohter, against John T. Kille.
Read the full summary
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1880, No. 28. Covenant, by James Lanigan to the use of Henry P. Stiohter, against John T. Kille. The facts were as follows: By indenture of lease, dated August 1st 1871, the defendant did “ demise and let unto the said lessee (the plaintiff Lanigan), the sole and exclusive right and privilege of mining and taking out the iron ore from a certain tract of land situate in Dickinson township, Cumberland county, Pennsylvania, * * * for the term of fifteen years, at the rental or royalty of fifty cents per ton” for…
1Opinion of the CourtJustice Paxson
This was an action of covenant brought by the lessee of certain ore lands in Cumberland county, against the lessor, to recover damages for an eviction from the demised premises. - The lease *125was for the term of fifteen years, and some time prior to its expiration the lessee was evicted under ejectment proceedings upon a paramount title.
It is settled by abundant authority that the word coneessi or demisi in a lease implies a covenant for quiet enjoyment during the term. It is sufficient to refer to Hemphill v. Eckfeldt, 5 Wharton 274; Maule v. Ashmead, 8 Harris 482; Schuylkill and Dauphin…
2Cases cited3 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Hemphill v. EckfeldtSupreme Court of Pennsylvania · 1840
- M'Clowry v. Croghan's AdministratorSupreme Court of Pennsylvania · 1856
3Cited by14 opinions
- Pocono Spring Water Ice Co. v. American Ice Co.Supreme Court of Pennsylvania · 1906
- Raker v. G. C. Murphy Co.Supreme Court of Pennsylvania · 1948
- Rendall v. Pioneer Hotel, Inc.Arizona Supreme Court · 1950
- Adler v. SklaroffSuperior Court of Pennsylvania · 1943
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
9 more not listed; retrieve them via the Exa API.