Dull v. Ulshafer

Citations

• 140 Pa. 537
• 21 A. 447
• 1891 Pa. LEXIS 868

Syllabus

<p>(ce) In ejectment, two defendants were returned as served, a general appearance entered, and the general issue pleaded. Afterward, one of the defendants died, and his children, as parties next in interest, were substituted, saving to them the question of costs in ease of disclaimer. (6) At the trial, the parties next in interest, substituted for the deceased defendant, filed a disclaimer. The living defendant served filed no disclaimer. Submissible testimony was adduced on both sides, as to the possession, at the time the writ was served, of the defendants who were served and pleaded:</p> <p>1. In such case, it was for the jury to determine whether the defendants served and pleading were in possession at the time of service; and the right of the plaintiff to proceed to a verdict carrying costs was not affected by the disclaimer of the parties next in interest, made when substituted : §§ 2, 3, act of April 13, 1807, 4 Sm. L. 476.</p>