Patterson v. Pyle
Supreme Court of Pennsylvania
Error, No. 82, July T. 1887, toO. P. Delaware ■Co., to review an order making absolute a rule to strike off a judgment in an amicable action in ejectment, entered on a warrant contained in a lease, by Eobert E. Patterson, William Hayward Dray-ton, and Heñry P. Smith, Executors of Eobert E. Patterson, deceased, trading as E. Patterson & Co., against L. H. Pyle, at .June T. 1887, No. 60. McCollum and Mitchell, JJ., absent.
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Error, No. 82, July T. 1887, toO. P. Delaware ■Co., to review an order making absolute a rule to strike off a judgment in an amicable action in ejectment, entered on a warrant contained in a lease, by Eobert E. Patterson, William Hayward Dray-ton, and Heñry P. Smith, Executors of Eobert E. Patterson, deceased, trading as E. Patterson & Co., against L. H. Pyle, at .June T. 1887, No. 60. McCollum and Mitchell, JJ., absent. The lease, more particularly described in the affidavit of ■defendant below, named the lessor as “James G. Davis, for Patter,son Mills, of the city of Chester,” and contained…
1Opinion of the Court
Per Curiam,
The court below committed no-error in striking off this judgment. There was no authority in the lease to confess a judgment in favor of the plaintiffs. Had the.confession of judgment followed the lease there would have been no room for objection upon this ground. The judgment was-properly stricken off, however, for the further reason that there was - nothing upon the record to show that the defendant had broken any of the covenants in the lease, and the law will not presume that he * has done so.
Judgment affirmed. T. E. P.
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