Delaware, Lackawanna & Western Railroad v. Foster

Supreme Court of Pennsylvania

Delaware, Lackawanna & Western Railroad v. Foster

61 A. 571, 212 Pa. 66, 1905 Pa. LEXIS 552

CourtSupreme Court of Pennsylvania

DecidedMay 8, 1905

DocketAppeal, No. 64

StatusPublished

This text of 61 A. 571 (Delaware, Lackawanna & Western Railroad v. Foster) 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

Delaware, Lackawanna & Western Railroad v. Foster, 61 A. 571, 212 Pa. 66, 1905 Pa. LEXIS 552 (Pa. 1905).

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Opinion

Per, Curiam,

When the court below refused the interpleader it took away every ground on which the bill could be supported. The result of the court’s order is that the appellant is deprived of his rents under the lease, or his receipt of them is clogged with a burdensome restriction, upon no better ground than the [68]*68allegation of the lessee that a third person, stranger to the lease, claims title and threatens suit. The owner of land cannot be turned out of possession, or what is the same thing his right to the rents be interfered with by any such short cut through the law. The burden is upon the newcomer who seeks to change the existing status.

Whether the complainant can under subsequent facts show a real and present danger of having to pay twice, need not now be considered, but the present bill lias nothing to sustain it.

Decree reversed and bill directed to be dismissed with costs.

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Per, Curiam,

When the court below refused the interpleader it took away every ground on which the bill could be supported. The result of the court’s order is that the appellant is deprived of his rents under the lease, or his receipt of them is clogged with a burdensome restriction, upon no better ground than the [68]*68allegation of the lessee that a third person, stranger to the lease, claims title and threatens suit. The owner of land cannot be turned out of possession, or what is the same thing his right to the rents be interfered with by any such short cut through the law. The burden is upon the newcomer who seeks to change the existing status.

Whether the complainant can under subsequent facts show a real and present danger of having to pay twice, need not now be considered, but the present bill lias nothing to sustain it.

Decree reversed and bill directed to be dismissed with costs.

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Bluebook (online)

61 A. 571, 212 Pa. 66, 1905 Pa. LEXIS 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaware-lackawanna-western-railroad-v-foster-pa-1905.