Strong v. Nesbitt

Citations

• 267 Pa. 294
• 110 A. 250
• 1920 Pa. LEXIS 848

Syllabus

<p>Landlord and tenant — Lease—Possession—Constructive eviction ■ — Allegata et probata — Variance—General warranty — Covenant— Deed.</p> <p>1. It is a fatal variance to allege an actual eviction as occurring at one time and to prove a constructive one as occurring at a different time.</p> <p>2. The possession of a lessee under a lease is the possession of his lessor.</p> <p>3. No one can be held to have been constructively deprived of possession of land while it is in the actual undisputed possession of his lessee.</p> <p>4. The gravamen of an action on a covenant of general warranty contained in a deed is not a defect in the title granted, but an eviction consequent on it.</p>