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2 Yeates 229

Respublica v. Sloane

Supreme Court of Pennsylvania

Decided May 15, 1797

Supreme Court of Pennsylvania · decided 1797-05-15

An inquisition of forcible entry and detainer was found on the 22d April 1798, before John Wilkins, esquire, one of the justices of the peace of Allegheny county, stating, that John Deniston was lawfully and peaceably seized in his demesne as of fee of and in a messuage and 440 acres of land in Pitt township, until the defendant and other malefactors unknown, on the 7th day of April 1796, did enter therein and disseize him thereof with force, and forcibly detain him…

Decided 1797-05-15

Sed per curiam.

¶1The great object of the statutes was to punish lawless persons for forcibly dispossessing their peaceable neighbors •from their quiet possessions, but not to turn mere civil suits into crieinal procedures. The evidence offered cannot be received. If the prosecution is founded on an injury done to the lessee for years, the indictment should have been framed accordingly under the statute of 21 Jac. 1, c. 15. But here the force is laid against the seisin of Deniston. Aginst, if he and Campbellw were het joint; owners of the land, and were disseised, it should have been stated. Quácunque via data the defendant cannot be convicted onthis indictment..

¶2•Messrs. Brackenridge, Woods and Young, of counsel for the prosecution, agreed that the defendant must be acquitted,

¶3Messrs. Collins and Campbell, pro def.

¶4Verdict not guilty.

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