Legal Opinion

Hemphill v. Eckfeldt

Supreme Court of Pennsylvania

Decided February 15, 1840PublishedCited by 3 opinions

iN error: Error to the District Court for the City and County of Philadelphia. Adam Eckfeldt brought an action on the case to the use of Charles Lukens, to December term, 1838, of that Court, against John Hemphill and Edgar H. Richards. On the 1st of December, 1838, the following agreement was filed, as a “ copy of the lease on which the action was brought.”

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iN error: Error to the District Court for the City and County of Philadelphia. Adam Eckfeldt brought an action on the case to the use of Charles Lukens, to December term, 1838, of that Court, against John Hemphill and Edgar H. Richards. On the 1st of December, 1838, the following agreement was filed, as a “ copy of the lease on which the action was brought.” “ Mem. of agreement, made the 24th of March, 1835, between Adam Eckfeldt of the one part, and John Hemphill and E. H. Richards of the other part, all of the city of Philadelphia. The said Eckfeldt hereby rents or lets to the said Hemphill…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

I a Spencer’s case, (5 Coke, 17 a,) it was resolved that the word concessi or demisi, implies a covenant, on which the lessee or his assignee may have an action for an eviction: “ for,” says Lord Coke, “ the lessee hath the yearly profits of the land, which shall grow by his labour and industry, for the annual rent; and therefore it is reasonable, when he hath applied his labour and employed his cost on the land, and be evicted, whereby he loses all, that he (the assignee) shall take such benefit of the demise and grant, as the first…

2Cases cited2 opinions

  1. Fairman v. FluckSupreme Court of Pennsylvania · 1836
  2. Heck v. ShenerSupreme Court of Pennsylvania · 1818

3Cited by3 opinions

  1. Martin v. MartinCourt of Appeals of Maryland · 1855
  2. Lanigan ex rel. Stichter v. KilleSupreme Court of Pennsylvania · 1881
  3. Shenkin v. SchermerhornPennylvania Municipal Court, Philadelphia County · 1933

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