1 U.S. 68
Supreme Court of the United States
Decided April 15, 1782
Supreme Court of the United States · decided 1782-04-15
Forcible entry. In this case, it was resolved, on solemn argument, that title could not be given in evidence by the defendant, to prevent restitution. 8 Hen. VI, c. 9. 1 Burns’ Just. 411, § 3.(c) And McKean, C. J., ruled, that the wife of the prosecutor might be examined as a witness to prove the force, but only the force; for, otherwise, the statutes might be eluded in some cases, (d) Same Cause.
Decided 1782-04-15
¶1overruled both objections: And McKean, C. J., said, that the words, “ his peaceable possession thereof as aforesaid,” were surplusage, and ought to be rejected,
¶2See Pitch v. Rempublicam, 3 Yeates 49; s. c. 4 Dall. 212. Burd v. Commonwealth, 6 S. & R. 252. Dean v. Commonwealth, 3 Id. 418. Respublica v. Campbell, post, 354, Co. Litt. 303, n.