McGee v. Fessler
Supreme Court of Pennsylvania
On the 16th day of April, 1845, two justices of the peace of Dauphin county issued their precept, reciting that Rody McGee, assignee of Rebecca H. Duncan, of Halifax township, in said county, on the day of ,18 , was quietly and peaceably possessed of a certain house and lot of ground, with the appurtenances, in said township ; and being so thereof possessed, the said Rebecca H. Duncan, on the same day and year, demised the said premises to a certain John Fessler, for and…
Read the full summary
On the 16th day of April, 1845, two justices of the peace of Dauphin county issued their precept, reciting that Rody McGee, assignee of Rebecca H. Duncan, of Halifax township, in said county, on the day of ,18 , was quietly and peaceably possessed of a certain house and lot of ground, with the appurtenances, in said township ; and being so thereof possessed, the said Rebecca H. Duncan, on the same day and year, demised the said premises to a certain John Fessler, for and during her will and pleasure. That the said Fessler did enter into tire said demised premises, and was, and still is,…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
We think the court was right in reversing the proceedings before the justices and inquest. The act of the 21st of March, 1772, which gives a summary remedy to a landlord, only applies to leases on which a certain rent is reserved. Blashford v. Duncan, 2 Serg. & Rawle, 480. And it is held,-in divers cases, that all the facts necessary to give jurisdiction should be set out in the proceedings. But it nowhere appears *131on this record what the lease was; whether an improvement lease, as it is alleged to be, a rent in kind, for a sum certain or…
2Cases cited1 opinion
- Blashford v. DuncanSupreme Court of Pennsylvania · 1816
3Cited by5 opinions
- Davis v. DavisSupreme Court of Pennsylvania · 1887
- Shafer v. CascioSupreme Court of Pennsylvania · 1926
- Sperry v. SeidelSupreme Court of Pennsylvania · 1907
- Hoffman v. HafnerSupreme Court of Pennsylvania · 1905
- Thompson v. HedrickSuperior Court of Pennsylvania · 1927