Stafford v. Wheeler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county: Of January Term 1878, No. 222. Ejectment by Catherine Wheeler against H. G. Stafford to recover 330 acres of land in Bradford county.
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Error to the Court of Common Pleas of Bradford county: Of January Term 1878, No. 222. Ejectment by Catherine Wheeler against H. G. Stafford to recover 330 acres of land in Bradford county. The writ issued July 19th 1867. The case came on for trial November 9th 1875. The plaintiff, a daughter of John Brownell, claimed title from her father by a deed dated June 12th 1867. The plaintiff also gave in evidence a deed dated July 14th 1859, from John Brownell and his wife to the defendant. Both these deeds were for tho land in dispute. The defendant claimed title through the deed to him offered in…
1Opinion of the CourtJustice Paxson
The defendant has no right to complain that the court bolow refused to admit James Huntington as a defendant. Huntington did not except to this ruling, and took no writ of error. It was said by Mr. Justice Rogers, in McClay v. Benedict, 1 Rawle 424, that “ under the construction of the statute 2 Greorge II., which is similar to our act, it is not a matter of course that a person should bo made a co-defendant. In practice, on application to the court, it is frequently refused. For where a person claims in opposition to the title of the defendant, he can in no light be considered as landlord,…
2Cases cited1 opinion
- M'Clay v. BenedictSupreme Court of Pennsylvania · 1829