Witherow v. Keller
Supreme Court of Pennsylvania
in error. This was a writ of error to the Court of Common Pleas of Mifflin bounty, in a writ of entry sur disseisin, &c. brought by the plaintiff in error, James Witherow, against Frederick Keller, the defendant in error.
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in error. This was a writ of error to the Court of Common Pleas of Mifflin bounty, in a writ of entry sur disseisin, &c. brought by the plaintiff in error, James Witherow, against Frederick Keller, the defendant in error. By, the writ, the plaintiff demanded one messuage, one barn, and three hundred acres of land, with the appurtenances, in Greenwood township, which he claimed to be his right and inheritance, and into which the said Frederick Keller had not entry, but by the deforcement, which he unjustly and without judgment, made thereof to the said James Witherow, twenty years then…
1Opinion of the Court
The judges delivered the following opinions:
TiLGHMjyN, C. J.
This 'is a writ of entry sur disseisin, fyc. brought by James Witherow against Frederick Keller, in the Court of Common Pleas of Mifflin county. The defendant demurred to the writ and declaration, and the court gave judgment in his favour. Two questions have been argued: 1st, Whether this action lies in Pennsylvania? 2d, Supposing it to lie, whether the writ and declaration are good?
1. The main argument against the action is, that this is the first instance of its having been brought, except in cases of common recovery. Some reliance…
2Cases cited1 opinion
- Respublica v. Mesca EtSupreme Court of the United States · 1783
3Cited by1 opinion
- Barnet v. IhrieSupreme Court of Pennsylvania · 1828