Respublica v. Devore
Supreme Court of Pennsylvania
Indictment for forcible entry and detainer of one mes-suage, 40 acres of arable land and 100 acres of woodland in Cumberland valley township, the freehold of John Tomlin-son. It appeared in evidence, that Tomlinson was in possession of the premises for eight or nine years, by having tenants thereon, who paid him rent.
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Indictment for forcible entry and detainer of one mes-suage, 40 acres of arable land and 100 acres of woodland in Cumberland valley township, the freehold of John Tomlin-son. It appeared in evidence, that Tomlinson was in possession of the premises for eight or nine years, by having tenants thereon, who paid him rent. John Baker his last tenant, permitted Cornelius Devore, who claimed title therein, (the brother of the defendant) to come into possession in 1792. The defendant cultivated the land for his brother, but no one resided on it. He was asked by the prosecutor in the spring of 1793,…
1Opinion of the Court
By the court.
The statutes of forcible entry and detainer were made for very wise and good purposes, when the spirit of the times was very different from the present. The rights of property are more respected and regarded, and we are induced to flatter ourselves that the necessity of recurring to the laws only for the redress of private or public injuries, is now obvious to every one. Those statutes are still beneficial, but in a variety of instances, they have been prostituted and abused. Their provisions, which formerly were construed liberally, should now receive a strict construction from…
2Cited by2 opinions
- Kramer v. LottSupreme Court of Pennsylvania · 1865
- Commonwealth v. YoungFulton County Court of Quarter Sessions · 1948