Klick v. Gernert

Citations

• 220 Pa. 503
• 69 A. 1034
• 1908 Pa. LEXIS 805

Syllabus

<p>Ejectment — Defenses—Record of prior suit — Res adjudicata — Act of May 8,1901, P. L. 142.</p> <p>Under the Act of May 8,1901, P. L. 142, relating to defenses in actions of ejectment, the record of a prior suit in equity claimed to be res adjudicata of the matter in dispute, should not be admitted in evidence, where there is no reference to such a defense set up in the answer; but the appellate court will not reverse because of the admission of such record, where it appears that the only result would be an amendment of the pleadings in the court below so as to admit the record, and an entry of judgment for defendant on the ground of res adjudicata.</p> <p>In an action of ejectment, where the plaintiff claims that the defendant had taken title with full knowledge that his grantor held the land as a trustee ex maleficio for the plaintiff, the defendant may set up as a defense the record of a former suit in equity between the plaintiff and the defendant's grantor in which the whole question as to the trusteeship ex maleficio has been tried on its merits and decided against the plaintiff.</p>