Buchanan v. Banks

Citations

• 203 Pa. 599
• 53 A. 500
• 1902 Pa. LEXIS 766

Syllabus

<p>Ejectment — Judgment—Opening judgment — Bes adjudiaata.</p> <p>Where a judgment in ejectment has been wrongfully entered under an amicable action and confession, and thereafter an ejectment by the defendants has been decided in favor of the plaintiff, not upon the merits, but upon the ground of the previous confessed judgment, and the plaintiff is put in possession, and subsequently the defendants have the confessed judgment opened, the defendants are entitled to restitution of possession, and to have the issue framed under the rule to open, tried on Its merits, without respect to the second judgment in ejectment.</p>