Dumn v. Rothermel
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term, 1886, No. 170. This was an appeal by Samuel H. Rothermel from the judgment of an alderman for James F. Dumn for land damages and costs in a proceeding before said alderman, under the provisions of the Act of April 14th, 1863, to recover land demised, at the expiration'of the term of the demise.
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Error to the Court of Common Pleas of Berks county: Of January Term, 1886, No. 170. This was an appeal by Samuel H. Rothermel from the judgment of an alderman for James F. Dumn for land damages and costs in a proceeding before said alderman, under the provisions of the Act of April 14th, 1863, to recover land demised, at the expiration'of the term of the demise. The facts of the case sufficiently appear from the charge of the court, Hagenman, J. During the trial the defendant offered the following evidence: Q. (To Samuel H. Rothermel): Tell us what took place between you and Mr. and Mrs.…
1Opinion of the CourtJustice Clark
This is a proceeding under the Act of 14th April, 1863, relative to landlords and tenants. The premises consist of “a tract of land, iron ore wharf-and appurtenances,” in the Borough of Fleetwood. Rothermel came into possession on 4th December, 1880, as the tenant of Mrs. Maria Stichter, of Pottsville, who, it is conceded, then held the title in fee. On the 22d December, 1881, Mrs. Stichter conveyed the fee to Amos H. *281Madeira, who on 13th January, 1882, transferred the same to James F. Dumn, the plaintiff. At the date of Dumn’s purchase Rothermel was in possession of the premises, under an…
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