McCanna v. Johnston
Supreme Court of Pennsylvania
Error to the Common Pleas of Clarion county. This was an ejectment to May Term, 1849, by A. W. Johnston v. MeCanna, Love, & Guthrie, for 1100 acres of land in Clarion township, the warrant for it being No. 5094. The plaintiff exhibited a title from the Commonwealth. Also a lease of the land, dated 5th December, 1838, by the plaintiff, by Brown, his agent, to MeCanna, one of the defendants.
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Error to the Common Pleas of Clarion county. This was an ejectment to May Term, 1849, by A. W. Johnston v. MeCanna, Love, & Guthrie, for 1100 acres of land in Clarion township, the warrant for it being No. 5094. The plaintiff exhibited a title from the Commonwealth. Also a lease of the land, dated 5th December, 1838, by the plaintiff, by Brown, his agent, to MeCanna, one of the defendants. The lease was for the term of one year from the 1st April, 1839, the rent to be $1 and payment of taxes; and it was provided, that at the end of the period, or at any time thereafter, or in case of default…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
"Where a lease is for a specified time, with an express covenant to “ deliver up possession at the expiration of the term without further notice,” and with a reservation of the right of the landlord to “ enter and repossess the premises at the end, of the period, or at any time thereafter," the landlord may maintain ejectment, at any time after the expiration of the term, without previous notice to quit. The parties in this, as in other cases, may make their own contracts; and if they do so, the law will enforce them: Riggs v. Bell, 5 T. R.…
2Cited by6 opinions
- Routman v. BohmSuperior Court of Pennsylvania · 1961
- Smith v. MachesneySupreme Court of Pennsylvania · 1913
- Skillman v. MagillSuperior Court of Pennsylvania · 1929
- Giadosh v. Tiger, Pennsylvania Court of Common Pleas, Luzerne County1950
- MacFadden v. Tomlinson, Pennsylvania Court of Common Pleas, Chester County1948
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