Bailey v. Fairplay
Supreme Court of Pennsylvania
IN ERROR. r I 1HIS was ail action in the Common Pleas of Lancaster, X for foe mesne profits of certain lands recovered by Wat- . . 1 , son m an ejectment against John Foulplay, with notice to Bailey, John Mercer, John Messencope, and Joseph Le Bevre, Messencope died, and this action was against thf other three.
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IN ERROR. r I 1HIS was ail action in the Common Pleas of Lancaster, X for foe mesne profits of certain lands recovered by Wat- . . 1 , son m an ejectment against John Foulplay, with notice to Bailey, John Mercer, John Messencope, and Joseph Le Bevre, Messencope died, and this action was against thf other three. In the Court below the only evidence of the defendants’ - , r ,, . - possession,- was the record of the recovery in the ejectment, ^at it appeared that the declaration was served on all the defendants, that Montgomery and C. Smith appeared generally, pleaded non cul, and entered into…
1Opinion of the Court
Tilghman C. J.
The exception to the charge of the president is that the jury were misled by it, because they were not told, that the record was not evidence of the length of time for which the defendants were in possession, which ought to have been proved by other evidence. It .has also been contended, that the record was not evidence against the defendants at all, because the issue appears to have been joined between the plaintiffs, and John Foulplay the casual ejector.
I think there is nothing in the last objection, because it appears that notice of the ejectment was served on all the…
2Cited by8 opinions
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- Kille v. EgeSupreme Court of Pennsylvania · 1876
- Hole v. RittenhouseSupreme Court of Pennsylvania · 1855
- Boyle v. WallaceSupreme Court of Alabama · 1886
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