27 Pa. Super. 133 | Pa. Super. Ct. | 1905
Opinion by
The plaintiff’s statement of claim clearly sets forth his title to the property. That title does not arise from nor depend upon the lease to Mrs. Lutz. The action is not brought upon the lease, and the reference to it in the declaration was apparently made in anticipation of a defense which might be set up. It was not necessary, therefore, to set forth the lease in terms. The defendant does not deny the plaintiff’s title to the property,
The judgment is affirmed.