Berridge v. Glassey

Supreme Court of Pennsylvania

Berridge v. Glassey

7 A. 749, 4 Sadler 581

CourtSupreme Court of Pennsylvania

DecidedJanuary 31, 1887

StatusPublished

Cited by3 cases

This text of 7 A. 749 (Berridge v. Glassey) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berridge v. Glassey, 7 A. 749, 4 Sadler 581 (Pa. 1887).

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Opinion

Per Curiam:

While a tenant cannot be permitted to controvert the title of his landlord under whom he entered into possession, yet if one in possession under claim of title is induced to accept a lease through misrepresentation, fraud, or trick of the lessor, he is. not estopped from setting up a title superior to that of his lessor. So we think if the lease be made through mutual mistake of' the facts by both parties, the lessee is not estopped from setting, up her- superior title, if she was in possession when she executed the lease.

Judgment affirmed.

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Per Curiam:

While a tenant cannot be permitted to controvert the title of his landlord under whom he entered into possession, yet if one in possession under claim of title is induced to accept a lease through misrepresentation, fraud, or trick of the lessor, he is. not estopped from setting up a title superior to that of his lessor. So we think if the lease be made through mutual mistake of' the facts by both parties, the lessee is not estopped from setting, up her- superior title, if she was in possession when she executed the lease.

Judgment affirmed.

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Bluebook (online)

7 A. 749, 4 Sadler 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berridge-v-glassey-pa-1887.

Opinion

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