Longbine v. Piper
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of January Term 1872, No. 154. On the 3d of April 1869 Charles A. Longbine brought an action of ejectment against Henry A. Piper for a grist-mill and tract of land. Arbitrators, under a compulsory rule, on the 8th of July 1869, awarded in favor of the plaintiff. The defendant appealed from the award July 19th.
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Error to the Court of Common Pleas of Montgomery county: Of January Term 1872, No. 154. On the 3d of April 1869 Charles A. Longbine brought an action of ejectment against Henry A. Piper for a grist-mill and tract of land. Arbitrators, under a compulsory rule, on the 8th of July 1869, awarded in favor of the plaintiff. The defendant appealed from the award July 19th. On the 27th of February 1871 John G. Johnson filed a petition in. the case, setting forth that on the 29th of March 1869 William W. Piper was seised of the real estate for which this action of ejectment was instituted, and the…
1Opinion of the Court
The opinion of the court was delivered, January 29th 1872, by
Agnew, J.
The true question in this case is not upon the right of John G. Johnston to be substituted as plaintiff in the action of eject*380ment under the provisions of the Act of 26th April 1850, in order to prevent the action from lapsing by a change of the plaintiff’s title ; but it is whether Mr. Johnston can claim this right of substitution against the plaintiff adversely, and contrary to his will. The Act of 1850 is undoubtedly remedial, and to enable one who has acquired the plaintiff’s title after ejectment brought, to pursue the…
2Cases cited2 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- M'Culloch v. CowherSupreme Court of Pennsylvania · 1843