A Practical Treatise On the Law of Landlord And Tenant in Pennsylvania : With a Complete Discussion of Ejectment And Replevin
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The Commonwealth,^ that a naked possession was insufficient to authorize a writ of restitution, and in Torrence v. The Commonwealth^ it was held that restitution would not be made unless the estate of the ejected party was set forth in the indictment. It would seem, therefore, that the words "party in possession" in the act should be construed to be "party lawfully in possession," and that if the possession be not lawful res- titution will not be awarded, even though the offender be proven to b...e guilty of a forcible entry, and be fined or imprisoned.
374. In cases where the legal possession of the premises has never been parted with, as in ground-rents in fee, entry is not required in order to divest the conditional estate of a grantor.
Thus in Hamilton v. Elliott,' Almond sold subject to a ground- rent to Hairiilton, conditioned that Hamilton should build a house on the premises, in which Almond and his wife were to reside during their lives. Hamilton failed to build the house, and Almond continued to reside on the premises in an old house thereupon, but declared no forfeiture.
What to read after A Practical Treatise On the Law of Landlord And Tenant in Pennsylvania : With a Complete Discussion of Ejectment And Replevin?
You can find similar books in the "Read Also" column, or choose other free books by Jackson, Tatlow to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The Commonwealth,^ that a naked possession was insufficient to authorize a writ of restitution, and in Torrence v. The Commonwealth^ it was held that restitution would not be made unless the estate of the ejected party was set forth in the indictment. It would seem, therefore, that the words "party in possession" in the act should be construed to be "party lawfully in possession," and that if the possession be not lawful res- titution will not be awarded, even though the offender be proven to b...e guilty of a forcible entry, and be fined or imprisoned.
374. In cases where the legal possession of the premises has never been parted with, as in ground-rents in fee, entry is not required in order to divest the conditional estate of a grantor.
Thus in Hamilton v. Elliott,' Almond sold subject to a ground- rent to Hairiilton, conditioned that Hamilton should build a house on the premises, in which Almond and his wife were to reside during their lives. Hamilton failed to build the house, and Almond continued to reside on the premises in an old house thereupon, but declared no forfeiture.
What to read after A Practical Treatise On the Law of Landlord And Tenant in Pennsylvania : With a Complete Discussion of Ejectment And Replevin?
You can find similar books in the "Read Also" column, or choose other free books by Jackson, Tatlow to read onlineMoreLess
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