Fitch v. Rempublicam
Supreme Court of Pennsylvania
Writ of error to Luzerne county, on a conviction of forcible entry and detainer on the 21st August 1799, whereon judgment had been rendered for the commonwealth. The indictment stated, that “ Nathan Beach, esq. was lawfully “and peaceably possessed in his demesne as of fee of a certain “ tract of land in Huntingdon township in Luzerne county, and “ continued so seized and possessed, until Pelatiah Fitch of, &c.
Read the full summary
Writ of error to Luzerne county, on a conviction of forcible entry and detainer on the 21st August 1799, whereon judgment had been rendered for the commonwealth. The indictment stated, that “ Nathan Beach, esq. was lawfully “and peaceably possessed in his demesne as of fee of a certain “ tract of land in Huntingdon township in Luzerne county, and “ continued so seized and possessed, until Pelatiah Fitch of, &c. “ and Rufers Lawrence of, &c. with other malefactors unknown, “ on the 26th March 1799, with strong hand and armed power “ into the tract of land aforesaid, with the appurtenances, in…
1Opinion of the Court
By the Court.
The indictment has not been drawn with accuracy. Though the word disseisivit may be taken to imply a freehold, yet it is not sufficient without shewing what estate the person disseised had. 1 Vent. 306. But the other words in the indictment seem sufficiently to shew that Beach was seized of a freehold estate, according to the authorities cited.
Judgment affirmed.
2Cited by1 opinion
- Respublica v. ShryberSupreme Court of Pennsylvania · 1782