Heritage v. Wilfong
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia: to July Term 1867, No. 182. This was a proceeding before an alderman under the Landlord and Tenant Act of 1863, commenced February 6th 1867. The complainant was E. Heritage, agent for George Wildey, and the tenant and defendant was Isaac N. Wilfong. The complaint alleged a lease from complainant to the defendant on the 1st day of January 1866, for one year, possession under it by the tenant, due notice to quit, &c.
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Error to the Court of Common Pleas of Philadelphia: to July Term 1867, No. 182. This was a proceeding before an alderman under the Landlord and Tenant Act of 1863, commenced February 6th 1867. The complainant was E. Heritage, agent for George Wildey, and the tenant and defendant was Isaac N. Wilfong. The complaint alleged a lease from complainant to the defendant on the 1st day of January 1866, for one year, possession under it by the tenant, due notice to quit, &c. On the hearing the defendant filed the affidavit of Mary J. Smith, that “ she purchased the property in question at a sheriff’s…
1Opinion of the Court
The opinion of the court was delivered, March 2d, 1868, by
Sharswood, J.
This was a certiorari in the court below to the proceedings of an alderman under the act entitled “ An Act relative to landlords and tenants,” passed December 14th 1863, Pamph. L. 1864, p. 1125. Pour exceptions were filed. Three of them were rightly dismissed, and the fourth sustained, which is the only one which it is necessary here to consider. It was, “ the aider-man has no jurisdiction, the title being in dispute, and the defendant having attorned to Mrs. M. J. Smith, sheriff’s vendee.” The record discloses a plea to…
2Cases cited5 opinions
- Shockley v. Morristown Produce & Ice Co.Tennessee Supreme Court · 1928
- Newell v. GibbsSupreme Court of Pennsylvania · 1841
- State Ex Rel. v. AbernathyTennessee Supreme Court · 1929
- Rankin v. TenbrookSupreme Court of Pennsylvania · 1836
- Camp v. WalkerSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- Thompson v. HedrickSuperior Court of Pennsylvania · 1927
- Porter v. Wolfe, Pennsylvania Court of Common Pleas, Montgomery County1937