Krepps v. Mitchell

Citations

• 156 Pa. 320
• 27 A. 161
• 1893 Pa. LEXIS 1349

Syllabus

<p>Ejectment — Habere facias — Practice, C. P.</p> <p>On a writ of habere facias, issued onajudgmentin ejectment, the sheriff cannot put out of possession of the premises persons not being nor holding under the defendant, although they came into possession subsequently to the issuing of the writ of ejectment.</p> <p>Ejectment — Sheriff’s return.</p> <p>Where the tenant holds under the defendant the sheriff can put him out, but his return should set forth the fact which is essential to sustain his action.</p>