Kennedy's Petition
Superior Court of Pennsylvania
Appeal, No. 181, Oct. T., 19Q1, by Sarab Kennedy, from order- of 0. P, McKean Co.., Oct. T., 1900, No-. 299, discharging rule, touring ejectment in In re. Petition of Sarab Kennedy. Rule to, bring- ejectment within sixty days.
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Appeal, No. 181, Oct. T., 19Q1, by Sarab Kennedy, from order- of 0. P, McKean Co.., Oct. T., 1900, No-. 299, discharging rule, touring ejectment in In re. Petition of Sarab Kennedy. Rule to, bring- ejectment within sixty days. Tbe petition for the rule was, as follows : That she is tbe owner and is in possession of that certain tract, of land situate in tbe. city of Bradford, county of McKean and state of Pennsylvania, bounded and described as follows, to wit; That certain piece, parcel or lot of land situate, on the south side oi Corydon street, in the, second ward of the city of Bradford,…
1Opinion of the Court
Opinion by
Rice, P. J.,
The respondent does not deny the allegation of the petitioner that the latter is in possession of the land and holds under a deed duly recorded. Nor does she assert that this deed is not in fee simple. Why, then, cannot the respondent bring an action of ejectment? We can find no sufficient reason adequately set forth in her answer, and it is needless to say .that we cannot consider facts of which there is neither allegation nor proof in the record.
1. Her concession, that “ she has not, does not and will not *484claim possession nor the right of possession to the land…
2Cited by1 opinion
- Foster's PetitionSuperior Court of Pennsylvania · 1912