Bandel v. Erickson
Superior Court of Pennsylvania
Appeal, No. 16, Nov. T., 1896, by plaintiff, from judgment of C. P. No. 3, Phila. Co., June T., 1893, No. 540, on verdict for defendant. Replevin for goods distrained for rent. Before FinletTER, P. J. The above suit was an action of replevin by William Bandel ■for goods distrained for rent. Defendant filed an avowry and cognizance, and plaintiff’s pleas were “payment,” “no rent in arrear,” and “ non est factum.” The lease was given by Walter R. Kern, agent.
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Appeal, No. 16, Nov. T., 1896, by plaintiff, from judgment of C. P. No. 3, Phila. Co., June T., 1893, No. 540, on verdict for defendant. Replevin for goods distrained for rent. Before FinletTER, P. J. The above suit was an action of replevin by William Bandel ■for goods distrained for rent. Defendant filed an avowry and cognizance, and plaintiff’s pleas were “payment,” “no rent in arrear,” and “ non est factum.” The lease was given by Walter R. Kern, agent. June 18, 1893, Walter R. Kern dis-trained for rent which should have been paid to trustees of the owner of the property, William H. Kern,…
1Opinion of the Court
Opinion by
Smith, J.,
The principle that the lessee shall not be allowed to deny the title under which he has entered, and to hold possession against it, as illustrated in Holt v. Martin, 51 Pa. 499, in Snyder v. Carfrey, 54 Pa. 90, and in Bedford v. Kelly, 61 Pa. 491, is’not to be questioned. In those cases, the lessor described himself in the lease as “ agent ” or “ trustee,” and it was held that he might, as lessor, representing the title, recover possession at the expiration of the term, under the acts of 1772 and 1863.
But though the tenant may not deny that the landlord, had title when the…
2Cases cited5 opinions
- Bedford v. KellySupreme Court of Pennsylvania · 1869
- Newell v. GibbsSupreme Court of Pennsylvania · 1841
- Snyder v. CarfreySupreme Court of Pennsylvania · 1867
- Holt v. MartinSupreme Court of Pennsylvania · 1866
- Barrett ex rel. Bennett v. BemelmansSupreme Court of Pennsylvania · 1894