Mallissee v. Keown

Supreme Court of Pennsylvania November 5, 1909

Mallissee v. Keown, 226 Pa. 74 (Pa. 1909)

74 A. 1128; 1909 Pa. LEXIS 877

Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

Opinion of the Court

Per Curiam,

The appellant’s title to retain possession was founded on his status as mortgagee, but the learned judge below having found that appellant was not in possession by virtue of the mortgage but as a tenant under an express contract of lease, the title set up in the bill was not made out and the bill was properly dismissed. We have not been convinced that the finding was erroneous.

Decree affirmed.

Reference

Status: Published
Syllabus: Mortgage — Landlord and tenant — Possession—Order—Justice of the peace. Where a mortgagee out of possession takes a lease from the owner, and thereafter enters into possession under the lease and not under the mortgage, he may after default under the lease, be ousted of his possession by proceedings before a justice of the peace.