Lehman v. Howley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term 1880, No. 128. Ejectment, brought December 31st 1879, by Martin Howley against Henry Lehman and T. H. B. Patterson, for a tract of land in the possession of Lehman as tenant of Patterson. The praecipe contained a description of the property, and averred that the right of possession or title was in the plaintiff.
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Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term 1880, No. 128. Ejectment, brought December 31st 1879, by Martin Howley against Henry Lehman and T. H. B. Patterson, for a tract of land in the possession of Lehman as tenant of Patterson. The praecipe contained a description of the property, and averred that the right of possession or title was in the plaintiff. The writ was duly served on Lehman, for whom an appearance de bene esse was entered. A return of non est inventus was made as to Patterson. Within the proper time the plaintiff filed the…
1Opinion of the CourtJustice Sterrett
The rule of court under which the judgment was entered provides that “in all actions of ejectment hereafter brought, it shall be the duty of the plaintiff, either by himself, his agent or attorney, to file in the office of the prothonotary of this court, on or before the first day of the term to which the writ is returnable, a statement containing a description of the land, together with the number of acres and the proportion thereof which he claims, and an abstract of the title on which he relies for his recovery, whether the same be in writing or otherwise; and where the same is matter of…
2Cases cited1 opinion
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