Ross v. Dysart
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Blair county. This was an áction of covenant by James Boss against Joseph Dysart and John Earhart, to recover the arrears of rent reserved in a lease from the plaintiff to the defendants, of a saw-mill, &e., whereby the plaintiff demised the same to the defendants, reserving rent, from the 21st September 1847 to the 15th November 1851. The defendants were in the actual occupation of the demised premises during the whole term.
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Error to tbe Common Pleas of Blair county. This was an áction of covenant by James Boss against Joseph Dysart and John Earhart, to recover the arrears of rent reserved in a lease from the plaintiff to the defendants, of a saw-mill, &e., whereby the plaintiff demised the same to the defendants, reserving rent, from the 21st September 1847 to the 15th November 1851. The defendants were in the actual occupation of the demised premises during the whole term. On the 27th August 1847, Henry Barclay commenced an ejectment against the plaintiff, James Ross, and others, to recover the possession of a…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
Every lease contains an implied covenant of quiet enjoyment, and when the landlord suffers the demised premises to be recovered from his tenant in ejectment by an outstanding title, his right to recover rent is gone.
Nor is it necessary for the tenant to be actually removed from the premises, to give.him a good defence against rent. Writs of *454habere facias possessionem are well executed when the tenant attorns to the plaintiff therein. And the taking of a lease or contract of purchase under pressure of such writ, where there is no fraud or…
2Cited by4 opinions
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
- Wilson v. SaleSuperior Court of Pennsylvania · 1910
- Pusey v. SippsSuperior Court of Pennsylvania · 1914
- Kemmerer v. Midland Oil & Drilling Co.Court of Appeals for the Eighth Circuit · 1915