Pennsylvania v. Kirkpatrick
Pennsylvania Court of Common Pleas, Alleghany County
An inquisition of a forcible entry and detainer, taken before two justices of the peace in Allegheny county, being removed by certiorari into the county court,* instead of traversing the inquisition, and trying it by a jury, the counsel on both sides, presented the following written agreement to the court, 8th March, 1794. ‘‘Agreed, that a verdict for the Commonwealth be entered, on this inquest, subject to the opinion of the court on the following case.
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An inquisition of a forcible entry and detainer, taken before two justices of the peace in Allegheny county, being removed by certiorari into the county court,* instead of traversing the inquisition, and trying it by a jury, the counsel on both sides, presented the following written agreement to the court, 8th March, 1794. ‘‘Agreed, that a verdict for the Commonwealth be entered, on this inquest, subject to the opinion of the court on the following case. Alexander Fowler, the prosecutor, being seized of the premises mentioned in the inquisition, and in actual possession of the same, judgments…
1Opinion of the Court
*203At June term, 1794, the opinion of the court was delivered.
President.
An inquisition of forcible entry and detainer, taken before two justices of the peace, having been removed, by certiorari, into this court, at the last term, the counsel for the parties presented the following case for our opinion.
“Agreed, that a verdict,” &c. ante p. 195.
The question in fact is, whether a sheriff, on a sale of lands taken in execution on a judgment, under the act of assembly is authorised to turn out the defendant possessor by force, and put the purchaser in possession.
There are some circumstances in the…
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