Duff v. Patterson

Citations

• 173 Pa. 153
• 33 A. 1026
• 1896 Pa. LEXIS 674

Syllabus

<p>Ejectment — Disclaimer—Amendment.</p> <p>A defendant in ejectment filed a disclaimer of “ any estate in the lands described in the plaintiff’s writ, as the same is a different tract or parcel of land from that of defendants’ lands.” There were errors in the prsseipe and writ in the description of the land. A verdict and judgment was entered for plaintiff and a habere facias possessionem was issued which was returned unexecuted because of errors in the description. Subsequently the plaintiff without notice to the defendants procured an order of court amending the record and issued an alias habere facias. Held, that a rule to stay the alias habere facias should be made absolute.</p> <p>Defendants were entitled to notice of the application to amend, as they might in the altered condition of the record wish to withdraw their disclaimer so as to meet the new issue created by the ' amendment, and not passed upon at the trial.</p>