Alden v. Lee
Supreme Court of Pennsylvania
Writ of error to Ruzerne county. The record stated, that the parties had appeared personally in the Court of Common Pleas of that county, and desired to enter an amicable action, which was done accordingly.
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Writ of error to Ruzerne county. The record stated, that the parties had appeared personally in the Court of Common Pleas of that county, and desired to enter an amicable action, which was done accordingly. Ree, by his attorney thereupon declared, ore tenus, that he had demised a saw-mill and certain lands to Fitch Alden, for a certain term, paying rent; that the term was fully ended; that three months had elapsed since he had made demand of him to leave the premises, and that he was quietly and peaceably possessed thereof before he demised the same. The defendant below, Fitch Alden, by his…
1Per curiam
The landlord might certainly have proceeded by ejectment, in the Court of Common Pleas, if he had thought proper; but he should then have pursued the proper forms pointed out by the course of the common law. Here is no ejectment entered; and it is impossible to vindicate these proceedings, being altogether unprecedented. The judgment therefore must be reversed.
Mr. Sergeant then moved, that a writ of restitution might issue, and cited 2 Bac. Abr. 231. When proceedings are reversed on error, and there has been a term sold to a stranger under a fi. fa. the party shall be restored to the money…
2Cited by1 opinion
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