M'Clay v. Benedict
Supreme Court of Pennsylvania
On an .appeal from the Circuit Court of Mifflin county, it appeared that this was an amicable ejectment' for a lot of ground in Lewistown, (entered originally in the Court of Common Pleas of Mifflin county, and on the same'day certified into the Circuit Court,) by Samuel M‘Clay against E. L. Benedict.
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On an .appeal from the Circuit Court of Mifflin county, it appeared that this was an amicable ejectment' for a lot of ground in Lewistown, (entered originally in the Court of Common Pleas of Mifflin county, and on the same'day certified into the Circuit Court,) by Samuel M‘Clay against E. L. Benedict. The following is an extract from the record of the Circuit Court:;—‘ “And now, 31st December, 1828, Hale appears for D. Hi Hulings, the landlord, and pleads not guilty, and entérs a rule of arbitration. Due notice to the plaintiff. D. II. Hulings, landlord and party in interest, appears…
1Opinion of the Court
*425The opinion of the court was delivered by
Rogers, J.
The ninth section of the act of the 21st of March, 1772, prescribes, that it shall, and may be lawful for the court, where an ejectment may be brought, to suffer the landlord to make himself a defendant, by joining with the tenant, to whom a declaration in ejectment has been delivered. The admission of a party claiming right to defend, is clearly an act of the court, whose duty it is to inquire, before making' the order, whether the applicant stands in relation of landlord, or whether his claim of title is consistent with the possession of…
2Cited by6 opinions
- Boyer v. SmithSupreme Court of Pennsylvania · 1836
- Ferris v. IronsSupreme Court of Pennsylvania · 1877
- Linderman v. BergSupreme Court of Pennsylvania · 1849
- Bell v. CaldwellSupreme Court of Pennsylvania · 1884
- Stafford v. WheelerSupreme Court of Pennsylvania · 1880
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