West v. Hanna

Citations

• 57 Pa. Super. 445
• 1914 Pa. Super. LEXIS 217

Syllabus

<p>Ejectment — Rule to bring ejectment — Finality of order making absolute rule — Appeals—Acfs of March 8, 1889, P. L. 10, and April 16, 1908, P. L. 212.</p> <p>1. An order in proceedings under the Act of April 16, 1903, P. L. 312, making absolute a rule to bring an action of ejectment is a final order from which an appeal lies; and if the respondent in such a proceeding does not appeal, but brings his ejectment, he cannot in the action of ejectment raise any objection to the regularity of the original proceedings. The ejectment is to be tried as if the plaintiff had brought it voluntarily.</p> <p>Ejectment — Two ejectments — Acts of May 8, 1901, P. L. 148, and April 4, 1907, P. L. 48-</p> <p>2. A verdict in ejectment, where the action was brought prior to the statute of May 8,1901, P. L. 43, abolishing the rule requiring two ejectments, bars a second ejectment between the successors in title to all the parties in the original ejectment, where the second ejectment is brought more than one year after the passage of the Act of April 4, 1907, P. L. 43, which provides that where a verdict or judgment had been recovered prior to 1901 no new ejectment shall be brought between the same parties, or their successors in title, unless such suit be brought within one year from the date of the passage of the Act of April 4,1907, P. L. 43; but if in the second ejectment there is conflicting oral testimony as to the exact location of the line between the tracts established by the first verdict and also as to the establishment of a consentable line after the date of the first verdict and the knowledge in the plaintiff thereof, the case must be submitted to the jury.</p>