Lane v. Harrold

Citations

• 66 Pa. 319
• 1871 Pa. LEXIS 33

Syllabus

<p>1. In practice ejectment is our mode of trying title as well as the right of possession.</p> <p>2. If there he a disclaimer by the defendant of title and possession, and the plaintiff proceeds for costs and damages, the only point of contest is the possession of the defendant.</p> <p>3. If possession be established against the defendant notwithstanding the disclaimer, he will be subject to costs.</p> <p>4. In ejectment the defendant pleaded “not guilty;’’ when the case was called for trial she disclaimed title to all but an undivided fourth of the land; the judgment was for the plaintiff for three-quarters and for the defendant for one-quarter. Reld, that the plaintiff should recover his costs to the time of the disclaimer and the defendant her costs afterwards.</p> <p>5. After disclaimer the plaintiff might have taken judgment for the part disclaimed and had his costs to that time.</p> <p>6. After the disclaimer the contest was for one-quarter, in which the plaintiff having failed, was liable for costs under Stat. Jac. 1, cap. 3.</p>