Legal Opinion

Stewart v. Roderick

Supreme Court of Pennsylvania

Decided September 15, 1842PublishedCited by 5 opinions

ERROR to the Common Pleas of Fayette county. This was an action of ejectment for 400 acres of land by Andrew Stewart against James Roderick and Charles Colvin, and upon his own motion L. Springer was made a co-defendant. Andrew Stewart, having a legal title to the land in dispute, on the 29th of July 1839 gave a lease of it to the defendants from year to year in consideration of the payment of a nominal rent.

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ERROR to the Common Pleas of Fayette county. This was an action of ejectment for 400 acres of land by Andrew Stewart against James Roderick and Charles Colvin, and upon his own motion L. Springer was made a co-defendant. Andrew Stewart, having a legal title to the land in dispute, on the 29th of July 1839 gave a lease of it to the defendants from year to year in consideration of the payment of a nominal rent. The evidence of this having been given, the defendant gave in evidence the record of an action of ejectment to March term 1840, for the same land, at the suit of L. Springer against…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

— An adverse claimant who got into possession by tampering with his adversary’s tenant, stands in the tenant’s place and cannot resist the landlord’s title where the tenant himself could not resist it; and the principle holds with equal force where he has been let in through a collusive recovery. This rule was accurately stated by the judge abstractly; but it was deprived of its effect in its application to the facts. A tenant who confesses judgment in an ejectment, whatever his opinion of the adverse right, or the risk he would incur by…

2Cited by5 opinions

  1. Voss v. KingWest Virginia Supreme Court · 1889
  2. Stout v. MerrillSupreme Court of Iowa · 1872
  3. Dikeman v. ParrishSupreme Court of Pennsylvania · 1847
  4. Stridde v. SaroniWisconsin Supreme Court · 1866
  5. O'Donnell v. McIntyreNew York Supreme Court · 1885

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