Robinson v. Moyer

Citations

• 57 Pa. Super. 401
• 1914 Pa. Super. LEXIS 211

Syllabus

<p>Landlord and tenant — Recovery of possession — Relation of landlord and tenant — Reservation of rent — Agreement to farm on shares — Acts of December 14,1868, P. L. 1864, V- H27, and March 6, 1872, P. L. 22.</p> <p>A proceeding before a justice of the peace under the Acts of December 14, 1863, P. L. 1864, p. 1127, and March 6, 1872, P. L. 22, to recover possession of a farm, cannot be maintained, where it appears that the plaintiff, the owner of a farm, entered into an agreement in writing with the defendant by which the owner was to continue to reside on the farm, the defendant was to do the farm work, the produce was to be divided one-third to the plaintiff and two-thirds to the defendant, with the privilege to the plaintiff of keeping a certain amount of stock, the taxes were to be paid one-half by each, and the farm after the death of the plaintiff was to become the property of the wife of the defendant, upon the payment by her of a fixed sum to certain persons mentioned. Such an agreement does not establish the relation of landlord and tenant, or reserve “a certain rent” within the meaning of the Act of March 6, 1872, P. L. 22.</p>