Krepps v. Mitchell
Supreme Court of Pennsylvania
Appeal, No. 8, July T., 1893, by Samuel Thompson and Luther C. Richie, from order of C. P. Fayette Co., June T., 1883, No. 101, refusing writ of restitution. Ejectment. Rule for writ of restitution. The facts appear by the opinion of the Supreme Court. The court, Ewing, J., discharged the rule. Error assigned was order as above.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
We gather from the paper books and the arguments that this is only one of a series of suits involving the claims of the parties, and it may be that on the merits of the controversy the result is right, but the steps by which it was reached cannot be defended.
The ejectment was by Krepps against Mitchell. The appellant Thompson asked leave to intervene and defend, on the ground that Mitchell was in under him, but this being opposed *322by Mitchell, leave was refused. This was a conclusive adjudication for all purposes in this case that Thompson’s title was not in…
2Cited by4 opinions
- Marko v. MendelowskiSupreme Court of Pennsylvania · 1942
- Moseby v. FleckSupreme Court of Pennsylvania · 1913
- Nehr v. KrewzbergSupreme Court of Pennsylvania · 1898
- Lacy v. East Broad Top Railroad & Coal Co., Pennsylvania Court of Common Pleas, Huntingdon County1952