Hayden v. Patterson
Supreme Court of Pennsylvania
Error, to the Court of Common Pleas of Fayette county, in which this was an action of assumpsit, Alfred S. Patterson against Jacob S. Hayden, to recover rent for premises purchased by the plaintiff at sheriff’s sale. John Worthington and John Snider were owners as tenants in common of a furnace, with land attached, which they occupied as partners.
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Error, to the Court of Common Pleas of Fayette county, in which this was an action of assumpsit, Alfred S. Patterson against Jacob S. Hayden, to recover rent for premises purchased by the plaintiff at sheriff’s sale. John Worthington and John Snider were owners as tenants in common of a furnace, with land attached, which they occupied as partners. On 3d October 1861, Worthington’s interest in the partnership property was sold by the sheriff for his individual debt to Benjamin Hayden, who went into possession about that time. J. S. Hayden, the defendant, on the 4th of March 1863 became the…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The difficulty in the case of the defendant below, lay not so much in the principles of law as in the conflict of testimony. The testimony of John Snider and Alfred Howell for the plaintiff, as to the possession of the defendant, and of Judge Ewing as to his relation as a tenant and the tender of rent, were sufficient to carry the case to the jury, who found the facts against the defendant. We must therefore assume that Jacob S. Hayden came into possession of the premises described in the declaration under Benjamin Hayden, who, according to…
2Cases cited4 opinions
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Menough's AppealSupreme Court of Pennsylvania · 1843
- Scheerer v. StanleySupreme Court of Pennsylvania · 1830
- Pott v. LesherSupreme Court of Pennsylvania · 1795
3Cited by3 opinions
- Prairie Oil & Gas Co. v. AllenCourt of Appeals for the Eighth Circuit · 1924
- Miles v. FinkMississippi Supreme Court · 1918
- Willis-Winchester Co., to Use v. ClaySupreme Court of Pennsylvania · 1928