Brown's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Erie county. In Equity. No. 187, to October and November Term 1869. On the 16th of April 1866, Philena Brown and Joshua Folansbee, two of the executors of Hiram L. Brown, deceased, commenced proceedings under the Act of December 14th 1863 (Pamph.
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Appeal from the Court of Common Pleas of Erie county. In Equity. No. 187, to October and November Term 1869. On the 16th of April 1866, Philena Brown and Joshua Folansbee, two of the executors of Hiram L. Brown, deceased, commenced proceedings under the Act of December 14th 1863 (Pamph. L. 1864, 1125, Purd. 1341, pi. 1), against William C. Curry and the plaintiff, to recover possession of certain premises, the estate of the decedent; the complaint alleged that they had given notice to the tenants to remove, &c. The parties appeared on the 21st, and at the request of the tenants the case was…
1Opinion of the Court
The opinion of the court was delivered, November 3d 1870, by
Thompson, C. J.
— The only question we shall notice in this appeal is, that of the jurisdiction of the Court of Common Pleas in granting the injunction complained of: we shall therefore pass by all questions in the case but this.
The Landlord and Tenant Act of 1863 provides an ample remedy whereby to recover possession of leased premises when it is alleged that the term has expired. It is not a one-sided remedy, for it allows to the defendant ample scope to allege and prove any legal defence he may have against the plaintiff’s demand,…
2Cited by5 opinions
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- Baldwin v. the City of ErieSuperior Court of Pennsylvania · 1928
- Pittsburg & Lake Erie Railroad v. PetersonSuperior Court of Pennsylvania · 1914
- Fetherman v. Dietz, Pennsylvania Court of Common Pleas, Northampton County1923
- Shor v. Dickey, Pennsylvania Court of Common Pleas, Dauphin County1934