Steinmets v. Logan
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Mleghany county. The plaintiffs in error were the plaintiffs below. The case was an ejectment brought for the recovery of a tract of land containing one hundred and fifty acres.
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WRIT of error to the court of common pleas of Mleghany county. The plaintiffs in error were the plaintiffs below. The case was an ejectment brought for the recovery of a tract of land containing one hundred and fifty acres. The defendant pleaded not guilty, and no special defence was taken for any part. : It was admitted on the trial, that the plaintiffs held under Jacob Steinmets the elder, who commenced an actual settlement, in the month of March 1808, on the land, by virtue of which the land in controversy was claimed, but his house was not within the boundaries of the land claimed, but…
1Opinion of the Court
Per Curiam. —
Where the land is vacant, the mode of proceeding by a defendant, who makes no pretence of title, and wishes to avoid a verdict for costs, was indicated, though perhaps not distinctly, in Dietrich v. Mateer, 10 Serg. & Rawle 152. By the act of the. 13th of April 1807, service of the writ is made evidence of the defendant’s possession; but he is permitted to disprove it, having disclaimed the title. This disclaimer ought to appear of record, being made either at the entry of the plea, or at a period sufficiently early to warn the *163plaintiff of the nature of the defence to be made at…
2Cited by1 opinion
- Helfenstein v. LeonardSupreme Court of Pennsylvania · 1865