Kennedy's Petition

Citations

• 19 Pa. Super. 482
• 1902 Pa. Super. LEXIS 134

Syllabus

<p>JSjectrn&nt^Rulp to bring ejeptment — Life, tenant.</p> <p>On a, petition for a rule to bring action of ejectment within six months, it is no answer for the respondent to say that “she has not, does not and' will not claim possession nor the right- of possession to theland described in the petition so. long as the petitioner lives,; ” nor is the, respondent’s admissions that the petitioner “ has a, life estate in said land and the right to possession thereof during her lifetime.,” any assertion that she. has a life estate only,, or that the respondent owns th.e remainder or the reversion. In such a case an assertion by the respondent that she cannot interfere with the petitioner’s possession in the latter’s lifetime, is a mere inference.</p> <p>On a rule to bring an action of ejectment, the respondent in showing cause should, state, the facts with sufhoient.fullness to enable the court to determine whether the title, if any, under which she claims is such as can, be asserted and enforced in an action of ejectment in the lifetime of the petitioner.</p>