Kelly v. Northrop

Citations

• 159 Pa. 537
• 28 A. 364
• 1894 Pa. LEXIS 889

Syllabus

<p>Ejectment — Habere possessionem — .Landlord and tenant.</p> <p>After a judgment in an amicable action of ejectment under a lease, the sheriff will be ordered to proceed to execute the writ of habere possessionem in favor of the plaintiff, although a third person intervenes by an answer .to a rule on the sheriff to proceed, and avers that defendant was not in possession and that claimant had been in possession in her own right prior to the execution of the lease, and that she did not claim under defendant or under any one claiming by or under him.</p>