Holmes v. Lewis

Citations

• 70 Pa. Super. 67
• 1918 Pa. Super. LEXIS 172

Syllabus

<p>Landlord and tenernt — Proceedings to recover possession — Affidavits as to title — Act of March 21, 1772, 1 Sm. L. 878,• Act of March 22,181k, 6 Sm. L. 176.</p> <p>In a proceeding by a landlord against a tenant to recover possession under Section 12 of the Act of March 21, 1772, 1 Sm. L. 378, the tenant is not entitled to have the proceedings removed from the jurisdiction of the two justices to the Court of Common Pleas, upon filing an affidavit which merely avers that the affiant holds the premises as the tenant of “a tenant in common with” the landlord, without any averment as to how the title or right to possession of such tenant in common had come in one of the ways provided by the Act of 1772, since the commencement of the lease.</p> <p>The Act of March 22, 1814, 6 Sm. L. 176, did not take from the affidavit required by the earlier act any or all of the essentials provided for therein.</p>