Legal Opinion

Blashford v. Duncan

Supreme Court of Pennsylvania

Decided September 9, 1816PublishedCited by 2 opinions

In* Error. ON the 7th June, 1815, two justices of the peace of Allegheny county, issued their precept, reciting that Margaret Duncan, of Pitt township, in said county, on the 1st-April, 1807, was possessed of a messuage and tract of land, containing two acres in said township; and, on the-same day, demised the premises to James Blashford, to be and remain-a tenant at will, under the said Margaret, without any yearly rent or annual consideration.

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In* Error. ON the 7th June, 1815, two justices of the peace of Allegheny county, issued their precept, reciting that Margaret Duncan, of Pitt township, in said county, on the 1st-April, 1807, was possessed of a messuage and tract of land, containing two acres in said township; and, on the-same day, demised the premises to James Blashford, to be and remain-a tenant at will, under the said Margaret, without any yearly rent or annual consideration. That the said Blashford entered, and was, and still is, possessed thereof-. That the said Margaret, on the 2d day.of- January, 1815, required the…

1Opinion of the Court

Tilgiiman C. J.

This is a proceeding by a landlord against his tenant to obtain possession under the act of 21st March, 1772. The proceedings were removed to the Court of Common Pleas of Allegheny county by certiorari: where they were confirmed, and they are now in this Court by a writ of error. It appears by the inquisition, that Margaret Duncan demised a messuage and tract of land to James Blashford, to hold at her -will without payment of any rent; and it is objected, that the case is not within the act of assembly, which is confined to cases where a certain rent is re*484served. It is enacted…

2Cited by2 opinions

  1. McGee v. FesslerSupreme Court of Pennsylvania · 1845
  2. Logan v. HerronSupreme Court of Pennsylvania · 1822

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