Leeds v. Lockwood
Supreme Court of Pennsylvania
Error to the Common Pleas of Bradford county : Of July Term 1875, No. 6. Ejectment by Louisa C. Leeds and others against Edmund Lockwood and Hiram Luther. The action was originally brought on the 10th of September 1861, and the writ Avas served on the 30th of the same month upon Edmund LocltAvood and Myron Luther.
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Error to the Common Pleas of Bradford county : Of July Term 1875, No. 6. Ejectment by Louisa C. Leeds and others against Edmund Lockwood and Hiram Luther. The action was originally brought on the 10th of September 1861, and the writ Avas served on the 30th of the same month upon Edmund LocltAvood and Myron Luther. The praecipe and Avrit contained this description of the land, for which the action was brought:— “Beginning at the north-east corner of lot in possession of Alexander Lane and Jcre Travers, thence south 103 perches to a post, thence north 45 degrees, west 44 perches, thence south…
1Opinion of the CourtJustice Gordon
The court should have allowed the amendment asked for by the plaintiffs. The misdescription, no doubt, resulted from a mistake in commencing at the north-east corner of the Lane and Travers tract, instead of the north-east corner of the tract in controversy.
Even before the passage of the Acts of 1871 and 1872, a defect of this kind might have been cured by filing a new description: Sample v. Robb, 4 Harris 305. Since the date of those acts, amendments may be permitted in all cases, and at any stage of the proceedings. But as the amendment will necessarily substitute a tract of land entirely…
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