Lane v. Harrold
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: No. 179, to October and November Term 1870. This was a question of costs in an action of ejectment, which was commenced, July 29th 1865, by Henry Lane against Bennett Lane and Elizabeth Harrold. On the 9th of October 1866, arbitrators awarded for the plaintiff; the defendants appealed and pleaded “Not guilty.” The case being on the trial list, May 24th 1866, Lane disclaimed any title in the land.
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Error to the Court of Common Pleas of Westmoreland county: No. 179, to October and November Term 1870. This was a question of costs in an action of ejectment, which was commenced, July 29th 1865, by Henry Lane against Bennett Lane and Elizabeth Harrold. On the 9th of October 1866, arbitrators awarded for the plaintiff; the defendants appealed and pleaded “Not guilty.” The case being on the trial list, May 24th 1866, Lane disclaimed any title in the land. Same day Elizabeth Harrold filed a plea taking defence for an undivided fourth part of the land and disclaimed title to the residue; the…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Thompson, C. J.
— In the text-books the action of ejectment rates merely as a possessory action, but in practice with us, it is more; it is our mode of trying title as well as the right to possession of lands and tenements. As these two elements may in a certain state of the record be severed partially or generally, and if so tried, it is sometimes a question of difficulty as to what is really the condition of parties in regard to costs incident to a verdict under such circumstances. This severance may be effected by a disclaimer of…
2Cases cited1 opinion
- Bratton v. MitchellSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- Duncan v. ShermanSupreme Court of Pennsylvania · 1888
- Stahl v. Erie Delivery Co., Pennsylvania Court of Common Pleas, Jefferson County1937