Lessee of Howard v. Pollock
Supreme Court of Pennsylvania
Ejectment for a messuage of 318 acres of land in township. Previous to the jury being sworn, Mr. Woods for the plaintiff, finding that the day of his demise was laid before the date of the warrant under which he claimed, and that the term had expired, moved the court for leave to amend the date of the demise and to enlarge the term. *5101 *The court referred him to Mr. J. Ross for his con- -* sent as the counsel for the defendant; but though he was willing that the term…
Read the full summary
Ejectment for a messuage of 318 acres of land in township. Previous to the jury being sworn, Mr. Woods for the plaintiff, finding that the day of his demise was laid before the date of the warrant under which he claimed, and that the term had expired, moved the court for leave to amend the date of the demise and to enlarge the term. *5101 *The court referred him to Mr. J. Ross for his con- -* sent as the counsel for the defendant; but though he was willing that the term should be extended, he declined agreeing to any other amendment. Allá per cur. We cannot entertain such motions at Nisi…
1Opinion of the Court
By the court.
Cases of improvements depend on a great variety of circumstances, all of which must be taken to in consideration by a jury. The practice of the late proprietary land office, and divers laws since the revolution, have annexed to them certain claims,* so that they may be now *512classed among the imperfect rights to lands. It is a matter of fair argument, when the tes * timony is given, what r* o will be its operation? We will therefore hear the evi- L dence. It is a more favourable case than improvements generally are, there being an agreed line between the parties, if the plaintiff…
2Cases cited4 opinions
- Lessee of Bonnet v. DevebaughSupreme Court of Pennsylvania · 1810
- Zubler v. SchrackSupreme Court of Pennsylvania · 1863
- Wood v. JonesSupreme Court of Pennsylvania · 1848
- Moore v. SmallSupreme Court of Pennsylvania · 1848
3Cited by5 opinions
- In Re Opening Private Road Ex Rel. O'ReillyCommonwealth Court of Pennsylvania · 2008
- Zubler v. SchrackSupreme Court of Pennsylvania · 1863
- Wood v. JonesSupreme Court of Pennsylvania · 1848
- O'Reilly v. Hickory on the Green Homeowners Ass'nCommonwealth Court of Pennsylvania · 2008
- Den ex dem. Vandersdalen v. HullSupreme Court of New Jersey · 1827