Davenport v. Jones
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 117 July Term 1888, Sup. Gt.; court below No. 113 January Term 1888, G. P. On December 19, 1887, John Jones, Michael Bergiu, William H. Cornell and Harry Cornell, by their attorney, Mr. G. R. Bedford, presented their petition, under the act of June 24, 1885, P. L. 152, alleging that the .title to certain real estate was in them,' and that they were in possession thereof; that Asher L. Davenport and A. Byron Davenport…
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ERROR TO THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 117 July Term 1888, Sup. Gt.; court below No. 113 January Term 1888, G. P. On December 19, 1887, John Jones, Michael Bergiu, William H. Cornell and Harry Cornell, by their attorney, Mr. G. R. Bedford, presented their petition, under the act of June 24, 1885, P. L. 152, alleging that the .title to certain real estate was in them,' and that they were in possession thereof; that Asher L. Davenport and A. Byron Davenport claimed ownership of the lands under a commissioner’s sale of 583 acres of land assessed in the name of Daniel Seabert…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
This proceeding under the act of June 24, 1885, P. L. 152, is not according to the course of the common law. It is well settled that a writ of error does not lie in such cases, unless it is expressly provided for. No such provision appears to have *274been made either in that or any other act. It follows, therefore, that the questions intended to be raised are not properly before us. They may perhaps arise hereafter on writ of error to final judgment in the action of ejectment, in case the same is brought either within the time required by the act or after-wards, and…
2Cited by1 opinion
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