Noyes v. Brooks
Superior Court of Pennsylvania
Appeal, No. 19, Feb. T., 1899, by David Brooks and Sidney F. McCormick from order of C. P. Clinton Co., Sept. T., 1895, No. 88, dismissing petition to suspend action on writ of hab. fac. poss. Opinion by Beaver, J. Petition to suspend the action of the sheriff on a writ of habere facias possessionem.
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Appeal, No. 19, Feb. T., 1899, by David Brooks and Sidney F. McCormick from order of C. P. Clinton Co., Sept. T., 1895, No. 88, dismissing petition to suspend action on writ of hab. fac. poss. Opinion by Beaver, J. Petition to suspend the action of the sheriff on a writ of habere facias possessionem. Before Mayer, P. J. The facts sufficiently appear from the opinion of the court below: This was an action of ejectment brought against John K. Brooks and David Brooks to recover possession of a piece of land in Leidy township. The case was tried in court and on the 5th day of October, 1896, a…
1Opinion of the Court
Opinion by
Beaver, J.,
In an equitable ejectment regularly brought and writ regularly served, a judgment was regularly entered upon the verdict of a jury after trial. A writ of habere facias possessionem was, upon application to the court, allowed, which one of the defendants, in common with his alleged landlord, seeks to restrain or to limit as to one fourth of the property involved, upon the ground that subsequently to the judgment in ejectment, he became the tenant of Sidney F. McCormick who held the title to the undivided fourth part of the premises, the right to the possession of which was…
2Cases cited3 opinions
- Johnson v. FullertonSupreme Court of Pennsylvania · 1863
- Losee v. McFarlandSupreme Court of Pennsylvania · 1878
- City of Philadelphia v. HoodSuperior Court of Pennsylvania · 1897
3Cited by2 opinions
- Bannard v. New York State Natural Gras Corp.Supreme Court of Pennsylvania · 1961
- Marko v. MendelowskiSupreme Court of Pennsylvania · 1942