McIntire v. Wing
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of McKean county: Of January Term, 1886, No. 133. This was an action of ejectment brought by C. E. Mdntire against J. A. Wing and Ashábel R. Sellew, surviving partner of Sellew & Popple, for a tract of land in Bradford township, McKean county, brought March 31st, 1880. The sheriff made the following return of service of the summons, under-oath: Returned.
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Error to the Court of Common Pleas, of McKean county: Of January Term, 1886, No. 133. This was an action of ejectment brought by C. E. Mdntire against J. A. Wing and Ashábel R. Sellew, surviving partner of Sellew & Popple, for a tract of land in Bradford township, McKean county, brought March 31st, 1880. The sheriff made the following return of service of the summons, under-oath: Returned. “Served May 22d, 1880, on I. G. Howe and John Eaton, terre tenants, by giving to each a true and attested copy of the within writ, and making known to them the contents thereof, J. A. Wing and A. R. Sellew…
1Opinion of the Court
The opinion of the court was filed
2Per curiam
There is no error in the refusal of the court to take off the compulsoiy nonsuit. The evidence wholly failed to show that the defendants were in possession of the land in question; They were not served with the writ by the sheriff. The presumption of possession created by the statute, when the sheriff makes return under oath that he has duly served the writ on the defendants, does not exist. While an appearance and plea by counsel may lead to a verdict and judgment against the defendants, yet on the trial, it is necessary to prove that they were in possession…
3Cited by8 opinions
- Kreamer v. YoneidaSupreme Court of Pennsylvania · 1905
- Sautter v. RowlandSupreme Court of Pennsylvania · 1925
- Skillman v. MagillSuperior Court of Pennsylvania · 1929
- Kreamer v. VoneidaSuperior Court of Pennsylvania · 1904
- Lake Winola Ass'n v. MottSuperior Court of Pennsylvania · 1896
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