Lessee of Lynn v. Downes
Supreme Court of Pennsylvania
Ejectment for a messuage and 151^ acres of land. The declaration stated the demise on the 23d July 1790, to hold from the same day, and that the lessee by virtue of the demise aforesaid, entered therein; and that the defendant on the same day afterwards ejected him. excepted to the declaration. The nominal lessee could not enter until the 24th July, the word from being exclusive. The ouster of the lessee on the 23d was no wrong to him, because he had then no title.
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Ejectment for a messuage and 151^ acres of land. The declaration stated the demise on the 23d July 1790, to hold from the same day, and that the lessee by virtue of the demise aforesaid, entered therein; and that the defendant on the same day afterwards ejected him. excepted to the declaration. The nominal lessee could not enter until the 24th July, the word from being exclusive. The ouster of the lessee on the 23d was no wrong to him, because he had then no title. From the plaintiff’s own shewing his right to enter on the same day he was ousted, is defective. Some of the cases have gone a…
1Per curiam
The declaration states, that the plaintiff entered by virtue of the lease, which he could not do until the 24th July. The words of ouster on the same day are repugnant thereto, and may be considered as surplusage. The time of entry of the nominal plaintiff is not specified. We think the exception cannot be supported. Ejectments are the creatures of the court, and subject to their peculiar interposition for the advancement of justice. Great liberality is now used in these matters. (2 Burr. 1161. 1 Barnard. B. R. 54.) The defendants’ counsel may however, if he thinks proper, move the court in…
2Cases cited2 opinions
- Campbell v. M'DonaldSupreme Court of Pennsylvania · 1840
- Jones' AppealSupreme Court of Pennsylvania · 1855
3Cited by2 opinions
- Campbell v. M'DonaldSupreme Court of Pennsylvania · 1840
- Jones' AppealSupreme Court of Pennsylvania · 1855