Duncan v. Sherman

Citations

• 121 Pa. 520
• 15 A. 565
• 1888 Pa. LEXIS 685

Syllabus

<p>1. In an ejectment by a sheriff’s vendee against the defendant in the judgment on which the land was sold, if the latter disclaim title and possession in himself, the plaintiff is entitled to judgment without costs; but where issue is joined upon the fact of possession, the defendant may not defend, under the possession of his wife, against a judgment with costs, without showing affirmatively a title in her valid against his creditors.</p> <p>2. While it is not required that points for instructions should be separately answered, if the jury is otherwise adequately instructed as to the legal rules upon the questions suggested, yet the method of a general answer to the points is unsatisfactory, and if the jury is left without such adequate instruction, it is ground for reversal.</p>