Axford v. Kirby

Citations

• 57 Pa. Super. 362
• 1914 Pa. Super. LEXIS 204

Syllabus

<p>Ejectment — Return of not served — Estrepement—Practice, C. P.</p> <p>1. Where a writ of ejectment has been followed by the issuance of a writ of estrepement, and subsequently the writ of ejectment has been returned “not served because of nonpayment of costs by the plaintiff’s attorney,” the writ of estrepement will be dissolved.</p> <p>2. A writ of estrepement in an ejectment suit will not be dissolved' on the petition of the defendant upon the mere averment that the plaintiff had brought a suit in assumpsit on a purchase money note for the land in question which had not been paid, without any averment that the action in assumpsit was pending at the time the petition to dissolve the estrepement was presented.</p>