Lessee of Smith v. Brown
Supreme Court of Pennsylvania
Ejectment for one messuage and 380 acres of land in Menallen township. On motion of Mr. J. Woods for the plaintiff, the names of Francis Parsley and Benjamin Brashiers were struck out of the declaration in ejectment, after the jurors were sworn, and *5141 *name °f Eazil Brown inserted in lieu thereof, to ^ make the record conformable to the entry in the Supreme Court docket, the appearance of the attorney for the defendant, and the distringas and distringas by proviso issued…
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Ejectment for one messuage and 380 acres of land in Menallen township. On motion of Mr. J. Woods for the plaintiff, the names of Francis Parsley and Benjamin Brashiers were struck out of the declaration in ejectment, after the jurors were sworn, and *5141 *name °f Eazil Brown inserted in lieu thereof, to ^ make the record conformable to the entry in the Supreme Court docket, the appearance of the attorney for the defendant, and the distringas and distringas by proviso issued for trial; though Mr. J. Ross for the defendant would not consent thereto. It appeared on the evidence, that William…
1Opinion of the Court
M’Kean C. J.
And in the charge of the court to the jury, observed, that it could not be seriously pretended that the four-log improvement’ never prosecuted for twenty-eight years, could be deemed the shadow of a right. To give an improvement any equity whatever, it must not have the smallest cast of an abandonment. The weight of evidence shews, that William Brashiers was in possession of the lands when the judgments were obtained and the levies made; and there can be no difficulty in pronouncing under our acts of assembly, that if he could *sell his interest therein to the defendant, the…
2Cited by5 opinions
- Brentlinger v. HutchinsonSupreme Court of Pennsylvania · 1832
- Zeller v. American International Corp.Supreme Court of Pennsylvania · 1921
- Norris v. MonenSupreme Court of Pennsylvania · 1835
- Brien v. Elliot'sSupreme Court of Pennsylvania · 1830
- Farmers' & Mechanics' Bank v. WoodsSupreme Court of Pennsylvania · 1849