Jennings v. Maley

Citations

• 261 Pa. 485
• 104 A. 731
• 1918 Pa. LEXIS 773

Syllabus

<p>Judgment in a former suit — Ejectment—Plea in abatement— Answer — Acts of May 8, 1901, P. L. H2, and June 7, 1915, P. L. 887 — Entry of judgment on pleadings.</p> <p>1. In case of eviction and reentry by a defendant on lands recovered in ejectment after the execution and return of a writ of habere facias possessionem, the plaintiff is obliged to resort to a new ejectment unless an alias or pluris writ can be issued within three years from the return day of the preceding writ.</p> <p>2. Where in an action of ejectment which is governed solely by the Acts of May 8,1901, P. L. 142, and June 7,1915, P. L. 887, defendant filed an answer not averring any defense on the merits but setting up a former suit and final judgment in favor of the plaintiff for the same land, the court below made no error in overruling the answer and entering judgment for the plaintiff on the pleadings.</p>