Walker Overseers v. Marion Overseers

Citations

• 148 Pa. 1
• 23 A. 1002
• 1892 Pa. LEXIS 901

Syllabus

<p>Settlement of paupers — Act of June 13, 1836.</p> <p>Where a nephew lived with his uncle, contributing by his labor to the support of the family and having no distinct and exclusive possession of any part of the house, and no account of their respective contributions was kept by either, there is nothing to sustain the inference that the relation was that of landlord and tenant, and the nephew does not secure a settlement under the 3d clause of the act of June 13, 1836, § 9, which provides that a settlement maybe gained “ By any person who shall bona fide take a lease of any real estate of the yearly value of ten dollars, and shall dwell upon the same for one whole year, and pay the said rent.”</p> <p>In the absence of a lease between them, evidence of the yearly value of the farm, and of the nephew’s work upon it, is immaterial.</p> <p>Contracts — Implied lease.</p> <p>All contracts rest upon the mutual and accordant wills of the parties. A lease cannot be fairly implied from circumstances and conduct which show that none was intended by the parties.</p>