34 Pa. 415
Decided July 1, 1859
Supreme Court of Pennsylvania · decided 1859-07-01
This was an ejectment by Augustus Drum against Elizabeth Kelly, for the one-half of lot No. 17, in the borough of Blairsville. The facts of the case are fully stated in the following charge to the jury, delivered on the trial of the cause, in the court below, by Buffington, P. J.:— “ This is an .action of ejectment for the one-half of lot No. 17, in the borough of Blairsville.
Good law ✅— No negative treatment on recordhow we know
Decided 1859-07-01
Cited by 3 later decisions — most recently October 1945
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The opinion of the court was delivered by
¶2We approve of the conclusion which the learned judge deduced from the conflicting authorities on the point in judgment. Drum’s judgment never bound the land which Brown conveyed to Mrs. Kelly, and, therefore, she was not, according to the better authorities, concluded by the two writs of scire facias served on her as terre tenant.
¶3Referring ourselves to the reasons and authorities of the court below, we affirm the judgment. '
¶4Judgment affirmed.