Overdeer v. Lewis
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York County. Eli Overdeer against Robert N. Lewis. This was an action of trespass. The facts appeared to be, that Joseph Lichty, being the owner of a house and lot, leased the same to Eli Overdeer for the term of one year, to end on the 1st April 1839. During the pendency of the lease, Lichty conveyed to the defendant, Robert N. Lewis.
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ERROR to the Common Pleas of York County. Eli Overdeer against Robert N. Lewis. This was an action of trespass. The facts appeared to be, that Joseph Lichty, being the owner of a house and lot, leased the same to Eli Overdeer for the term of one year, to end on the 1st April 1839. During the pendency of the lease, Lichty conveyed to the defendant, Robert N. Lewis. Some time after the 1st April 1839, the defendant ordered the plaintiff immediately to quit the possession of the front room of the house, which he yet occupied as a store. The plaintiff declined to do so immediately, but offered to…
1Per curiam
The judge stated the law of the case at a breath. “ If the plaintiff,” said he, “ held under the defendant, as tenant at will, at' the time of the alleged trespass, he cannot recover for breaking and entering his close, but is entitled to recover damages under his declaration for any trespass proved to have been done to his personal property.” Now, as the defendant’s lease had expired by its own limitation, there could be no doubt that he was a tenant at will, though he had not received notice to quit— that point was put at rest in Duncan v. Blashford, 2 Serg. & Rawle 480—and the landlord…
2Cited by13 opinions
- Low v. ElwellMassachusetts Supreme Judicial Court · 1876
- Pendill v. Union Mining Co.Michigan Supreme Court · 1887
- Shafer v. CascioSupreme Court of Pennsylvania · 1926
- Leidy v. ProctorSupreme Court of Pennsylvania · 1881
- Wofford v. Vavreck, Pennsylvania Court of Common Pleas, Crawford County1981
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