Lessee of Black v. Hepburne
Supreme Court of Pennsylvania
Ejectment of part of a stone dwelling house, opposite to No. 341, in the town of Lewisburgh, and of a piece of ground of the breadth of 66 feet, extending to low water mark, containing one acre more or less, in Buffaloe township. The plaintiff’s title was as follows : A patent issued to Richard Peters, dated llth August 1772, for 320 acres, bounded on the east by the river Susquehannah.
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Ejectment of part of a stone dwelling house, opposite to No. 341, in the town of Lewisburgh, and of a piece of ground of the breadth of 66 feet, extending to low water mark, containing one acre more or less, in Buffaloe township. The plaintiff’s title was as follows : A patent issued to Richard Peters, dated llth August 1772, for 320 acres, bounded on the east by the river Susquehannah. He conveyed to Ludwig Derr, on the 17th November 1773, who laid out a town on part of the tract. On the 5th October 1785, Ludwig Derr in consideration of 41i., granted two lots, No. 6 and 341, to Francis…
1Opinion of the Court
By the court.
The boundaries of all actions ought to be preserved. 8 Mod. 275. On the present motion, where our opinions on a mere law point are with the defendant, we cannot permit the cause to go on, without declaring them, and reserve the point. If it should tarn out that we are mistaken, the court will award a new trial without costs.
Incorporeal things are in their nature invisible, quoe ñeque tangi. nee videri possunt, and therefore are not in their nature capable of being delivered in execution. The general rule is, as has been stated by the defendant, that ejectment will only lie for…
2Cited by5 opinions
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- Borough of Summerhill v. SherbineSuperior Court of Pennsylvania · 1926
- Snowden v. LoreeU.S. Circuit Court for the District of Western Pennsylvania · 1902