Legal Opinion

Bauders v. Fletcher

Supreme Court of Pennsylvania

Decided September 13, 1824PublishedCited by 1 opinion

IN ERROR. Writ of error to the Common Pleas of Westmoreland county, in which the following case was stated for the opinion of the court, to be considered as a special verdict.

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IN ERROR. Writ of error to the Common Pleas of Westmoreland county, in which the following case was stated for the opinion of the court, to be considered as a special verdict. On the 7th day of Jlugust 1809, James Fletcher and Frederick Banders, by indenture under their hands and seals, contracted for a lease by Fletcher to Banders, of the property stated in the plaintiff’s declaration in this cause, for the term of three years, commencing on the first day of October, 1,809. Banders entered on the demised premises, and occupied them during the said term of three years; and afterwards, without…

1Opinion of the Court

The opinion of the court was delivered by

Duncan, J.

The recovery in ejectment by Armfriedt, against Bauders, the tenant, and Fletcher, the landlord, was equivalent to actual eviction; the plaintiff in ejectment, who recovers a judgment, may enter without writ of possession.

As the landlord was a party to the ejectment, the recovery could not be intended to be by collusion, and Armfriedt recovered in contemplation of law the actual possession.

The doctrine so justly settled, that the tenant shall not in any case dispute the title of landlord, is founded on immutable principles of justice, , Where…

2Cited by1 opinion

  1. Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826

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