Legal Opinion

Nesbitt v. Tarbrake

Superior Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 36PublishedCited by 1 opinion

Appeal, No. 36, Jan. T., 1906, by defendant, from order of C.P. Lackawanna Co., Sept. T., 1905, No. 1,008, discharging rule to open judgment incase of Abram Nesbitt, W. L. Watson and W. A. May v. Henry Tarbrake. Rule to stay writ of habere, facias possessionem. Before Kelly, J. The opinion of the Superior Court states the case. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Morrison, J.,

This was a petition to stay writ of hab. fa. poss. and upon the judgment entered in pursuance of a written tenant lease of land, the legal title to which was in the plaintiffs as trustees. The lease bears date April 1, 1899, for a period of five years, reserving rent at $75.00 per year. The defendant refusing to pay the rent, judgment was regularly entered against him, in accordance with the terms of the lease, for the possession of the premises. Clearly, on its face, the judgment is sufficient to oust the defendant from the premises. What then is the reason urged why…

2Cases cited3 opinions

  1. Wack v. SorberSupreme Court of Pennsylvania · 1837
  2. Eberly v. LehmanSupreme Court of Pennsylvania · 1882
  3. McGibbeny v. BurmasterSupreme Court of Pennsylvania · 1867

3Cited by1 opinion

  1. Nagel v. Hager, Pennsylvania Court of Common Pleas, Lancaster County1925

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