Debozear v. Butler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia county. On the 5th of February, 1853, Franklin Butler made complaint on oath before Aldermen George Geyer and Robert Buckman, that James Peters, being seised of certain premises,' had demised them to Lewis Debozear, on the 1st of November, 1851, for one year thereafter; that during that year Peters sold the premises to the complainant; that after the expiration of the year, he had given three months’ notice to Debozear, and…
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Error to the Court of Common Pleas of Philadelphia county. On the 5th of February, 1853, Franklin Butler made complaint on oath before Aldermen George Geyer and Robert Buckman, that James Peters, being seised of certain premises,' had demised them to Lewis Debozear, on the 1st of November, 1851, for one year thereafter; that during that year Peters sold the premises to the complainant; that after the expiration of the year, he had given three months’ notice to Debozear, and that the notice had not been complied with; that he still held over, &c. A summons was issued. At the time designated in…
1Opinion of the Court
The opinion of the court was- delivered January 14, 1854, by
Lewis, J.
— In Brown v. Gray, 5 Watts, 20, on a proceeding by a purchaser at sheriff’s sale to obtain possession, it was held, that “ the allegation of a sale by the complainant’s grantor, to one of the respondents,” was not within the exceptions in the statute, on the allegation of which the proceedings before the two justices were to be suspended. In Cress v. Righter, decided in April last, a similar decision, that the allegation of a defendant in the execution that he holds under the complainant, by a contract of sale and purchase,…
2Cited by1 opinion
- Mohan v. ButlerSupreme Court of Pennsylvania · 1886