Thayer v. Society of United Brethren
Supreme Court of Pennsylvania
Error to the Common Pleas of Brie county. This- was a.n action of ejectment by the Society of United Brethren, for propagating the Grospel among the heathen, v. Luke Thayer, for about twenty acres of land.
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Error to the Common Pleas of Brie county. This- was a.n action of ejectment by the Society of United Brethren, for propagating the Grospel among the heathen, v. Luke Thayer, for about twenty acres of land. The plaintiff, in the description and writ, claimed the land as being 320 perches long from north to south, 10 perches wide from east to west, and as “ part of a larger tract of land patented by the Commonwealth to the plaintiff, on the 14th day of April, 1795.” On the trial, plaintiffs did not exhibit their patent, but gave in evidence two leases, each for 80 acres, from plaintiffs, by…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
We conjecture that the plaintiff below is, or claims to be, the landlord of the defendant, and that the contest is induced by an effort of the latter to set up title in himself.
Where a lessee, at the time the lease is executed, is not the occupant of the land leased, and he goes into possession under and in pursuance of the lease, he cannot afterwards claim title to the land without first surrendering possession to the lessor. Justice requires that the parties should assume their original position before any dispute about the title can be…
2Cited by6 opinions
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- Ward v. City of PhiladelphiaSupreme Court of Pennsylvania · 1886
- Titus v. Mapel-Sterling Coal Co.Supreme Court of Pennsylvania · 1933
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