Legal Opinion

Hill v. Hill

Supreme Court of Pennsylvania

Decided January 5, 1863PublishedCited by 2 opinions

Error to the District Court of Allegheny county. This was an action of ejectment by Robert Hill against James B. Hill, for a lot of ground on Penn and Morris streets, in the city of Pittsburgh, 72 by 105 feet, on which a boiler, engines, and stack had'been erected by the parties.

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Error to the District Court of Allegheny county. This was an action of ejectment by Robert Hill against James B. Hill, for a lot of ground on Penn and Morris streets, in the city of Pittsburgh, 72 by 105 feet, on which a boiler, engines, and stack had'been erected by the parties. When the case was called for trial, the parties by their counsel agreed to submit the controversy to the court below, in a case stated, which presented the following material facts :— On the 12th July 1852, James S. Negley, who was the equitable owner of certain lots on the corner of Penn and Morris streets, in the…

1Opinion of the Court

The opinion of the court was delivered, by

Woodward, J.

When plaintiff in ejectment has filed a description of the premises he sues for, either in his prceci'pe or afterwards, it is the duty of the defendant, if ho does not mean to take defence for the whole premises, to file with his plea a description of that part of the premises for which he takes defence. Such a special defence operates as a disclaimer of possession or claim to whatever land is outside of the boundaries designated by the defendant, narrows the issue to the real point of contest, and averts from the defendant a liability for…

2Cited by2 opinions

  1. Duncan v. ShermanSupreme Court of Pennsylvania · 1888
  2. Lake Winola Ass'n v. MottSuperior Court of Pennsylvania · 1896

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