McKinney v. Russell
Superior Court of Pennsylvania
Appeal, No. 112, April T., 1917, by defendant, from order of O. P. Butler Co., June T., 1915, No. 81, making absolute rule to issue writ of habere facias possessionem in case of Alex. B. McKinney v. W. G. Russell and Clara W. Russell. Rule for writ of habere facias possessionem. Before Reiber, P. J. The opinion of the Superior Court states the facts. Error assigned was order making absolute the rule.
1Opinion of the Court
Opinion by
Kephart, J.,
This is an appeal from an order directing an alias writ of habere facias possessionem to be issued against W. G. Russell. The writ contained instructions to the sheriff to eject the defendant and his entire family, including his wife, Clara W. Russell, from the possession of the land described in the petition for the writ: Johnston v. Fullerton, 44 Pa. 466. Clara Russell in 1888 purchased from Mary Wick a piece of land in West Sunbury, Butler County. McKinney, the plaintiff, owned land which he claimed adjoined the Russell lot. W. G. Russell, believing that there was…
2Cases cited3 opinions
- Johnson v. FullertonSupreme Court of Pennsylvania · 1863
- Kelly v. NorthropSupreme Court of Pennsylvania · 1894
- Monongahela Valley Camp Meeting Ass'n v. PattersonSupreme Court of Pennsylvania · 1880
3Cited by3 opinions
- Bannard v. New York State Natural Gras Corp.Supreme Court of Pennsylvania · 1961
- James v. BreamSupreme Court of Pennsylvania · 1919
- Lacy v. East Broad Top Railroad & Coal Co., Pennsylvania Court of Common Pleas, Huntingdon County1952