Miller v. M'Brier
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Westmoreland county, in an ejectment by Nathaniel M'Brier, the defendant in error, against Jesse Miller, the plaintiff in error • The plaintiff below claimed the land in dispute under an application dated the 4th of April, 1769, in the name oí John Fleming, a survey thereon, dated the 25th of June, 1772, and a patent to the plaintiff, dated the 29th of December, 1814, which recited a deed to him from John Fleming, dated the…
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IN ERROR. Error to the Court of Common Pleas of Westmoreland county, in an ejectment by Nathaniel M'Brier, the defendant in error, against Jesse Miller, the plaintiff in error • The plaintiff below claimed the land in dispute under an application dated the 4th of April, 1769, in the name oí John Fleming, a survey thereon, dated the 25th of June, 1772, and a patent to the plaintiff, dated the 29th of December, 1814, which recited a deed to him from John Fleming, dated the 18th of October, 1814. It appeared from evidence produced by the plaintiff, that the defendant had been in possession of…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
These bills of exception all depend on the supposed eonclusiveness of what I shall for the present call the lease. That *385a tenant cannot deny, his landlord’s title, is certain; and, by an application of this rule to the circumstances of the case, the court excluded the evidence with which the defendant offered to impeach an original title, with which also the landlord set out. Where a landlord shows no title, but asks to be restored to the possession with which he parted, good faith requires it should be redelivered to him, it being no answer…
2Cited by6 opinions
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Milton v. HadenSupreme Court of Alabama · 1858
- Alderson v. MillerSupreme Court of Virginia · 1859
- Moshier v. RedingSupreme Judicial Court of Maine · 1835
- Alderson v. MillerSupreme Court of Virginia · 1859
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