RUDZINSKI ET UX. v. D'ORAZIO ET VIR


80 Pa. D. & C. 471 (1952)

Rudzinski et ux. v. D'Orazio et vir

Common Pleas Court of Montgomery County, Pennsylvania.

January 16, 1952.


Attorney(s) appearing for the Case

Thomas F. Doran, for plaintiffs.

Smillie, Bean & Scirica, for defendants.


KNIGHT, P.J., January 16, 1952.

The facts have been stated in our previous opinion filed upon exceptions to the master's original report and will not be restated here.

Defendants contend that no rent is due by them to plaintiffs because under the Act of June 24, 1895, P.L. 237, they were not in exclusive possession of the premises which were the subject of the partition proceeding. This provides:

"In...

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