Bedford v. M'Elherron
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Allegheny county, returned with a bill of exceptions. , It was an ejectment to August Term, 1809. On the trial] the plaintiff produced no other evidence than alease, dated 19th \ October, 1788, by which he had rented the land in dispute to : the defendant for the term of four years, rendering the annual ] rent of a turkey, on the 23d December, in each year, if re- ¡ quired.
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In Error. THIS was a writ of error to the Common Pleas of Allegheny county, returned with a bill of exceptions. , It was an ejectment to August Term, 1809. On the trial] the plaintiff produced no other evidence than alease, dated 19th \ October, 1788, by which he had rented the land in dispute to : the defendant for the term of four years, rendering the annual ] rent of a turkey, on the 23d December, in each year, if re- ¡ quired. The defendant covenanted to clear four acres of land each year, and inclose the same with a fence, and to pay; all taxes during the term. The defendant produced no…
1Opinion of the Court
Tilghman C. J.
(After stating, the case.) Where a lease is made for a year, and so from year to year as long as both parties please, there must be notice to quit in due time before the end of the year: otherwise the law implies a new lease for a year. So where a lease is made to one to hold, during the pleasure of the lessor, there must be due notice to quit: because it would be unreasonable that a man who has gone to the expense of cultivating land and making preparations for a crop, while his estate was uncertain, should be turned off at a moment’s warning. But where the lease is to expire…
2Cited by2 opinions
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- Logan v. HerronSupreme Court of Pennsylvania · 1822