Legal Opinion

Effinger v. Lewis

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 12 opinions

Error to the Common Pleas of Delaware county. This was an ejectment by Henry Effinger against George Lewis and others, for half an acre of land, in the township of Nether Providence, in Delaware county. The case was previously before this court, and is reported in 6 Qasey 281, where the facts are fully set forth.

Read the full summary

Error to the Common Pleas of Delaware county. This was an ejectment by Henry Effinger against George Lewis and others, for half an acre of land, in the township of Nether Providence, in Delaware county. The case was previously before this court, and is reported in 6 Qasey 281, where the facts are fully set forth. Both parties claimed under James Sharpless, who, on the 18th September 1750, leased the premises in dispute, inter alia, to James Crozer, under whom the defendants claimed, for the term of 100 years, at the yearly rent of ¿63. The lease contained the following covenant: — “ And also,…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, C. J. —

Though we decided the principle of this cause a year ago, yet the eminent counsel of the plaintiff is so earnest in the conviction that we decided it erroneously, that he has brought it here again, and asks us to reconsider our opinion; and we freely concede to- him a further expression of our views.

This lease is for one hundred years, with the right in the lessee, his heirs and assigns, to hold the premises at the same rent, as long thereafter as he or they shall think proper; and the counsel insists that, after the hundred years, this…

2Cases cited1 opinion

  1. Folts v. HuntleyNew York Supreme Court · 1831

3Cited by12 opinions

  1. Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
  2. Myers v. East Ohio Gas Co.Ohio Supreme Court · 1977
  3. Lindlay v. RaydureDistrict Court, E.D. Kentucky · 1917
  4. Myers v. Kingston Coal Co.Supreme Court of Pennsylvania · 1889
  5. Bakewell v. TurnerSuperior Court of Pennsylvania · 1908

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API