McMillan v. Graham
Supreme Court of Pennsylvania
In error from the Common Pleas of Fayette county. Oct. 26. On the 3d of April, 1845, Graham made complaint before two justices, setting forth that on the 1st of April, 1840, he was lawfully seised and possessed of'a tract of land, &c., at which time he leased the same to the defendant, “ for one year, for two hundred dollars, and leased the same from year to year, which term .was fully ended on the 1st of April;” -that he was desirous to repossess himself—demand of…
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In error from the Common Pleas of Fayette county. Oct. 26. On the 3d of April, 1845, Graham made complaint before two justices, setting forth that on the 1st of April, 1840, he was lawfully seised and possessed of'a tract of land, &c., at which time he leased the same to the defendant, “ for one year, for two hundred dollars, and leased the same from year to year, which term .was fully ended on the 1st of April;” -that he was desirous to repossess himself—demand of possession on the 25th December, and refusal; and that three months had elapsed. The precept of the justices reciting the…
1Per curiam
As no bill of exceptions lies in a proceeding before justices under the landlord- and tenant daws, we. cannot know whether evidence was erroneously admitted at-the-taking *142of the inquisition, or whether all the jurors sworn at the inquest were freeholders. These are matters with which we have no power to meddle. The other exceptions, however, are to the record; and the first is, that the inquisition does not find the amount of the rent for any but the first year. It finds that the landlord demised the premises “for one year, and from year to year at a rent of two hundred dollars for the first…
2Cited by1 opinion
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