Foster's Petition

Citations

• 51 Pa. Super. 224
• 1912 Pa. Super. LEXIS 207

Syllabus

<p>Ejectment — Buie to bring ejectment — Delay in proceedings — Extension of time — Acts of March 8,1889, P. L. 10, and April 16,1908, P. L. 818.</p> <p>1. In a proceeding under the Act of March 8, 1889, P. L. 10, as amended by the Act of April 16,1903, P. L. 212, to compel the bringing of an ejectment within six months, if the respondent has appeared and answered, and his answer is not plainly frivolous or manifestly intended to delay, the court upon adjudging it to be insufficient and making the rule absolute, will, if the six months has expired, allow the respondent a reasonable time thereafter within which to bring his action.</p> <p>2. In such a proceeding where the petitioner avers that he is the owner of 118 acres of land, and that the respondent is claiming one-third to one-half acre of said land, and the respondent in his answer sets up no claim, except for the small parcel, it is error for the court, after the expiration of six months from the filing of the petition, to enter a final and conclusive judgment against the respondent so as to cover the whole 118 acres.</p>