Duncan v. Sherman
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE WARREN COUNTY. No. 371 January Term 1888, Sup. Ct.; court below, No 21 September Term 1886, C. P. On July 1, 1886, a summons in ejectment was issued at the suit of R. C. Duncan against J. W. Sherman, to recover possession of two oil leaseholds, which together formed a part of lot 109 in Mead township.
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ERROR TO THE COURT OE COMMON PLEAS OE WARREN COUNTY. No. 371 January Term 1888, Sup. Ct.; court below, No 21 September Term 1886, C. P. On July 1, 1886, a summons in ejectment was issued at the suit of R. C. Duncan against J. W. Sherman, to recover possession of two oil leaseholds, which together formed a part of lot 109 in Mead township. On November 18th, the defendant appeared and by his attorneys filed a disclaimer of all right, title and interest in the leaseholds, and averred therein that he had never been in possession of the premises described in the writ, either before, at the time of…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
This was an action of ejectment by a purchaser at sheriff’s sale. The defendant, who was also the defendant in the judgment on which the sheriff’s sale was effected, filed, when he appeared to the action, a disclaimer of “ all right, title and interest” in the land described in the plaintiff’s writ, and a denial that he was when served, or at any time before or after service, in possession thereof. This disclaimer though not a plea to the action, is a solemn declaration of record that the defendant will not present, because he does not claim to have, any title…
2Cases cited7 opinions
- Harris v. TysonSupreme Court of Pennsylvania · 1855
- Huddleston v. Borough of West BellevueSupreme Court of Pennsylvania · 1886
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- Hill v. HillSupreme Court of Pennsylvania · 1863
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3Cited by9 opinions
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