Patterson v. Brindle
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. This was an action of ejectment by William Brindle against James Patterson to recover a lot of ground in Birmingham, in which the defendant pleaded not guilty. The plaintiff gave in evidence a deed to him by the defendant dated May 11, 1816, and rested.
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ERROR to the district court of Allegheny county. This was an action of ejectment by William Brindle against James Patterson to recover a lot of ground in Birmingham, in which the defendant pleaded not guilty. The plaintiff gave in evidence a deed to him by the defendant dated May 11, 1816, and rested. The defendant offered to prove that the plaintiff was dead at the institution of this suit; to which the defendant objected, that it should have been pleaded in abatement, and could not be given in evidence under the general issue: and of this opinion was the court, who overruled the evidence…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
The action of ejectment at common law was a series of fictions, invented, from time to time, for the purpose of trying titles to land more conveniently and expeditiously than under the ancient modes of proceeding in real actions. The common law forms of proceeding were introduced into Pennsylvania at its settlement, as part of the English law, and continued to be practised until the year 1806, when the legislature deemed it expedient to abolish the fictitious mode of proceeding by serving a declaration, judgment against the casual ejector,…
2Cases cited4 opinions
- Dubois v. HepburnSupreme Court of the United States · 1836
- Strong v. StateIndiana Supreme Court · 1822
- Campbell v. GalbreathSupreme Court of Pennsylvania · 1832
- Jackson ex dem. Montresor v. RiceNew York Supreme Court · 1829
3Cited by11 opinions
- Thompson v. PeckSupreme Court of Pennsylvania · 1935
- Philadelphia v. SchaeferSupreme Court of Pennsylvania · 1921
- People ex rel. Thorne v. HaysCalifornia Supreme Court · 1854
- Townshend v. ShafferWest Virginia Supreme Court · 1887
- Sanner v. Unique Lodge No. 3, K. of P.Superior Court of Pennsylvania · 1943
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