Stofflit v. Troxell
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lehigh county. Ejectment to September Term 1843, by Peter Troxell against Jonas Stofflit' for a strip of land in that county. Before bringing the ejectment, viz., on the 28th April 1841, Troxell had leased his farm to one Metzger, and while the lease continued Stofflit tore down his part of the line-fence between his land and Troxell’s, and extended it on Troxell’s two or three feet.
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ERROR to the Common Pleas of Lehigh county. Ejectment to September Term 1843, by Peter Troxell against Jonas Stofflit' for a strip of land in that county. Before bringing the ejectment, viz., on the 28th April 1841, Troxell had leased his farm to one Metzger, and while the lease continued Stofflit tore down his part of the line-fence between his land and Troxell’s, and extended it on Troxell’s two or three feet. The defendant requested the court to charge the jury that the plaintiff could not recover, inasmuch as he had leased the land prior to the commencement of this action, and the tenant…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Ejectment is emphatically a possessory action, and cannot be maintained by the plaintiff, unless he has a right to the possession of the property at the time of commencing his action. By the common law, an ejectment will not lie for anything, whereupon an entry cannot be made, or of which the sheriff cannot deliver possession. Adams on Eject. 18; Black v. Hepburne, (2 Yeates 333); and it is confined to cases in which the plaintiff or claimant has a right to the possession. Adams on Ejectment 10. Though originally it was necessary that the…
2Cases cited1 opinion
- Hylton v. BrownU.S. Circuit Court for the District of Pennsylvania · 1808
3Cited by3 opinions
- Grossman v. HillSupreme Court of Pennsylvania · 1956
- Dime Bk. Tr. Co. v. Walsh Et Ux.Superior Court of Pennsylvania · 1940
- Western New York & Pennsylvania Railway Co. v. Vulcan Foundry & Machine Co.Supreme Court of Pennsylvania · 1916