Shoenburger v. Becht
Supreme Court of Pennsylvania
ERROR to the common pleas of Bedford county. This was action of ejectment by John Shoenburger against Philip Becht. The warrants of the plaintiff and defendant were dated upon the same day, the 6th of February 1829. A caveat was entered and the parties were heard before the board of property who, on the 6th of April 1829, decided in favour of the defendant.
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ERROR to the common pleas of Bedford county. This was action of ejectment by John Shoenburger against Philip Becht. The warrants of the plaintiff and defendant were dated upon the same day, the 6th of February 1829. A caveat was entered and the parties were heard before the board of property who, on the 6th of April 1829, decided in favour of the defendant. This suit was not brought until the 31st of October 1831. The defendant contended that the eleventh section of the act of the 3d of April 1792, which limits the right of action to six months after a decision by the board of property, was a…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The act.of assembly of the 5th of April 1782, instituting the board of property and defining its jurisdiction, provides that its decisions shall not be binding on the rights of parties, but their legal remedies shall remain open as if no determination had been given. The act of- the 3d of April 1792, for the «ale of the vacant lands within the commonwealth introduced a new regulation, limiting the time within which a party should be at liberty to enter his suit at common law, after a determination of the board against him on a caveat, to…
2Cases cited3 opinions
- Lessee of Hubley v. WhiteSupreme Court of Pennsylvania · 1796
- Albright v. lessee of M'GinnisSupreme Court of Pennsylvania · 1799
- Keppele v. Carr Carr v. KeppeleSupreme Court of the United States · 1798
3Cited by4 opinions
- Schoch v. American International Corp.Supreme Court of Pennsylvania · 1926
- French v. SeelySupreme Court of Pennsylvania · 1837
- Wilson v. AltemusSupreme Court of Pennsylvania · 1841
- Ege v. SidleSupreme Court of Pennsylvania · 1846