Coolbaugh v. Pierce
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Bradford county, i» an action of ejectment brought b.y the plaintiffs in error against the defendant in error.
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In Error. ERROR to the Common Pleas of Bradford county, i» an action of ejectment brought b.y the plaintiffs in error against the defendant in error. On the trial, the jury returned a verdict for the plaintiffs, conditioned that the defendant shall, by the first day of next June, deposit a deed or acquittance of his part of the orchard now in possession of the plaintiffs, and forty dollars in cash, together with costs of suit; then judgment to .b,e entered for the defendant,” The defendant having complied with the conditions of the verdict, within the time prescribed, the Court directed…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J. —
In this State, the action of ejectment approaches very near ta a bill of equity ; and the verdict of a jury, imposing conditions on the party in whose favour it is rendered, performs the office (though imperfectly) of the decree. In our sister States, at least in those that enjoy the benefit of a separate administration of equity, such a verdict would not be sustained; with us it is sustained from necessity. There never has been more that! one decision directly on the point; but the practice has been universal. In the Administrators of…
2Cases cited1 opinion
- Nicholas v. WolfersbergerSupreme Court of Pennsylvania · 1819
3Cited by3 opinions
- Biddle v. MooreSupreme Court of Pennsylvania · 1846
- Hauberger v. RootSupreme Court of Pennsylvania · 1847
- Heckart v. ZerbeSupreme Court of Pennsylvania · 1837