Barnhart v. Painter
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county. George Barnhart brought an action of replevin, against John Painter, and John C. Caul, and on the trial, the case appeared to he as follows: On the 23d of July, 1819, Alexander Graham obtained a judgment against Lott Corson, on which a Fieri Facias was issued, returnable to January Term, 1820, which was levied on a tavern, and lot of ground, which were found sufficient to pay the debt and costs in seven years.
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Error to the Court of Common Pleas of Northumberland county. George Barnhart brought an action of replevin, against John Painter, and John C. Caul, and on the trial, the case appeared to he as follows: On the 23d of July, 1819, Alexander Graham obtained a judgment against Lott Corson, on which a Fieri Facias was issued, returnable to January Term, 1820, which was levied on a tavern, and lot of ground, which were found sufficient to pay the debt and costs in seven years. A Liberari Facias was issued to November Term, 1824, and Alexander Graham was put into possession. . In January, 1825, he…
1Opinion of the Court
Smith, J.,
(after stating the principal facts, the pleadings, and the charge of the court below,) delivered the opinion of the court as follows: — The instruction given to the jury was erroneous. On the issue-of no rent in arrear, the question to be tried was, whether Alexander Graham had a right to demand rent? To me it appears very evident, he had no such right. His claim was founded solely upon his writ of Liberari Facias to November Term, .1824. If this execution had not beenissued, Alexander Graham would not have had possession; and When, therefore; it was set aside, and'restitution…
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