Rankin v. Tenbrook
Supreme Court of Pennsylvania
ERROR to Mercer county. This was an action of ejectment by Richard Tenbrook and wife against William S. Rankin and Boon M’Millen, for five hundred acres of land. The plaintiff, Tenbrook, showed title in right of his wife, who was the heir of Captain H. Becker, the owner of Donation tract, No. 50, for which this ejectment is brought. Col.
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ERROR to Mercer county. This was an action of ejectment by Richard Tenbrook and wife against William S. Rankin and Boon M’Millen, for five hundred acres of land. The plaintiff, Tenbrook, showed title in right of his wife, who was the heir of Captain H. Becker, the owner of Donation tract, No. 50, for which this ejectment is brought. Col. Campbell, it would seem, had some claim upon it, for money advanced to Becker, which does not distinctly appear: but it was in evidence, that he employed Judge Brown as his agent to attend to it, and Brown leased it, first for one year to Samuel Byers, and in…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The principle laid down by the court that the possession of the tenant is the possession of his landlord, and, therefore, it cannot be adverse so as to bar the landlord’s recovery by the lapse of twenty-one years, is undoubtedly correct, and if the question were here merely between the plaintiffs and defendants, would rule the present case; for, though there is no evidence of any lease by the plaintiffs to Clingan, or receipt of rent, yet there is,-perhaps, in the letters of Clingan, such an acknowledgment of title, and admission of the…
2Cases cited2 opinions
- Lessee of Hamilton v. MarsdenSupreme Court of Pennsylvania · 1813
- Graham v. MooreSupreme Court of Pennsylvania · 1818
3Cited by6 opinions
- Eister v. PaulSupreme Court of Pennsylvania · 1867
- Bell's PetitionSupreme Court of Pennsylvania · 1918
- Koons v. SteeleSupreme Court of Pennsylvania · 1852
- Rankin v. TenbrookSupreme Court of Pennsylvania · 1837
- Heritage v. WilfongSupreme Court of Pennsylvania · 1868
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