Ewing v. Cottman
Citations
- 9 Pa. Super. 444
- 1899 Pa. Super. LEXIS 53
Syllabus
<p>Evidence — Married woman — Lease.</p> <p>The execution by all parties of a lease, made by a married woman, naving been proved, such lease is clearly admissible as the best evidence of the covenants of the parties.</p> <p>In establishing her right to recover rent under a written lease a married woman is not required, in order to make the lease competent evidence, to produce any evidence which would not be necessary if she were unmarried.</p> <p>Practice, Superior Court — Defective assignments — Buies of court.</p> <p>Assignments of error relating to the rejection of evidence which do not quote the full substance of the bills of exception and do not refer to any exceptions cannot be considered by the appellate court in that they offend against Rule 17.</p> <p>An assignment is defective and offends against Rule 16 which alleges error in the charge to the jury and does not quote the charge totidem verbis.</p> <p>Landlord and tenant — Disputes as to title.</p> <p>A case falls within the general principle which forbids a tenant to impeach his landlord’s title where the lessor was in actual possession and the lessee accepted a lease under her, went into possession and was neither evicted nor disturbed in possession by any paramount title.</p>
Judges: Bice, Oriuudy, Ponter, Porter, Smith
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