Dalzell v. Lynch
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action of ejectment by Francis Lynch against William Dalzell, in which the plaintiff, inter alia, gave in evidence the record of a judgment against William Dalzell, a fieri facias issued upon it and a levy upon the house and lot in controversy, describing it as being “ a leasehold property, with some nine or ten years to run.”
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ERROR to the District Court of Allegheny county. This was an action of ejectment by Francis Lynch against William Dalzell, in which the plaintiff, inter alia, gave in evidence the record of a judgment against William Dalzell, a fieri facias issued upon it and a levy upon the house and lot in controversy, describing it as being “ a leasehold property, with some nine or ten years to run.” The property was sold by the sheriff upon the fieri facias, and he made a deed to the plaintiff for it, which was regularly acknowledged in open court. Upon the trial of the cause the plaintiff offered this…
1Per curiam
— It is said by Lord Coke, in his annotations on the British statute, that a term for years has been extended by force of the words medictatem terras suae; but he has not said that such was the practice in his day, and indeed it would have been strange had a term been treated as land for the purposes of an elegit, and as a chattel for the purposes of a common law extent, or of a fieri facias. A lessee for years is not seised, nor is he a terre-tenant; and the land of which he is barely possessed, cannot be called his in the technical, more than it can in the popular sense. But whatever may…
2Cited by9 opinions
- Townsend v. BoydSupreme Court of Pennsylvania · 1907
- Freeman v. DawsonSupreme Court of the United States · 1884
- Western Pennsylvania Railroad v. JohnstonSupreme Court of Pennsylvania · 1868
- McLaughlin v. ShieldsSupreme Court of Pennsylvania · 1849
- Church v. GriffithSupreme Court of Pennsylvania · 1848
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