Newell v. Gibbs
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bradford county. Eli Gibbs against Albert Newell and George W. Hollenback. This action originated in a proceeding before two justices of the peace, under the landlord and tenant Act, to obtain possession of a store and dwelling-house in Wyalusing.
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ERROR to the Common Pleas of Bradford county. Eli Gibbs against Albert Newell and George W. Hollenback. This action originated in a proceeding before two justices of the peace, under the landlord and tenant Act, to obtain possession of a store and dwelling-house in Wyalusing. Albert Newell and George W. Hollenback alleged that the title to the premises was disputed and claimed by "William Griffis in virtue of a purchase by him at sheriff’s sale, and that William Griffis had the deed of the sheriff of Bradford county for the same, which purchase at sheriff’s sale was made on the 13th day of…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
In an action of ejectment to recover possession of land, evidence such as was offered, is clearly admissible. For although the defendant is not permitted to show that his lessor never had title to the demised premises, he may on admitting that he once had title, prove that his interest has expired. As if the lessor being tenant, pur autre vie, bring debt against the lessee for rent accruing since the death of the cestui que vie, the tenant may prove (not that the lessor never had title, but admitting that he once had,) that the interest of…
2Cited by11 opinions
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- DeCoursey v. Guarantee Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1876
- Koontz v. HammondSupreme Court of Pennsylvania · 1869
- Neumoyer v. AndreasSupreme Court of Pennsylvania · 1868
- Quinn v. McCartySupreme Court of Pennsylvania · 1876
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