Commonwealth v. Johnston

Citations

• 71 Pa. Super. 548
• 1919 Pa. Super. LEXIS 150

Syllabus

<p>Criminal law — Forcible entry and detainer — Insufficient evidence.</p> <p>A prosecution for forcible entry and detainer is not the proper method to try title to real estate. Where the entry on the premises is peaceable and without violence; in default of any evidence that, following such entry, the defendant with force and threats turned the prosecutor out of possession, an indictment for forcible entry and detainer will not lie.</p> <p>Leaseholds — Title to real estate — Ejectment.</p> <p>An action in ejectment is the proper method to assert the rights to property founded on an oil lease, instead of criminal proceedings for forcible entry and detainer, where the evidence established the fact that the lessor had notified the lessee that the lease was terminated for want of operation and after such notice had resumed peaceable possession of the premises.</p>