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E. E. Willard, Plff. in Err., v. C. R. Earley

Supreme Court of Pennsylvania1888-05-25No. No. 120
10 Sadler 504

Authorities cited

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Opinion

majority opinion

Per Curiam:

Clearly, the defendant disclaimed the title of his landlord, and claimed to hold the premises under another; in other words, he claimed adversely to his lessor. Prom this, on all authority, it follows that this suit was well brought and properly determined in the court below. A tenant cannot repudiate his landlord’s title, and afterwards set up the lease, in order to protect himself from the consequences of his own act

The judgment is affirmed.