Nicholson's Lessee v. Wallis
Supreme Court of Pennsylvania
This cause Lad been decided by the board of property, in favor of the defendant, upon a caveat respecting land in Northumberland county, on the 14thof February 1796; but the patent was stayedfor six months, within which time, the party is allowed, by the act of assembly, to enter his suit at common law, in the nature of an appeal. (Act 3d April 1792, § 11, 3 Sm.
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This cause Lad been decided by the board of property, in favor of the defendant, upon a caveat respecting land in Northumberland county, on the 14thof February 1796; but the patent was stayedfor six months, within which time, the party is allowed, by the act of assembly, to enter his suit at common law, in the nature of an appeal. (Act 3d April 1792, § 11, 3 Sm. Laws, 74.) For that purpose, a declaration in ejectment was framed, entitled as of April term 1796 ; it was served by a private hand (not the sheriff), on the defendant, in Philadelphia, on the 10th of August 1796 ; and it was entered…
1Opinion of the Court
After consideration, The Court were of opinion, that the ejectment was well brought, within the six months allowed by the act of assembly; and ordered that the rule to show cause be discharged.
Rule discharged.
2Cited by1 opinion
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