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4 Binn. 78

Hawn v. Norris

Supreme Court of Pennsylvania

Decided June 13, 1811

Supreme Court of Pennsylvania · decided 1811-06-13

In Error. This was an ejectment brought in the Common Pleas of Mifflin county, in the form devised by the act of 21st March 1806. The writ described the premises as “ a tract of land situate in Armagh township in the said county, containing fourteen acres and sixty-three perches or thereabouts, bounded by land of the said John Hawn,” the defendant, which was precisely the kind of description set out in the formule given by the act of assembly.

Cited by 1 later decisions — most recently May 1853

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1811-06-13

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Tilghman, C. J.,

¶1delivered the court’s opinion.

¶2If this court had the power to form the writ of ejectment, the remarks of Mr. Watts might have weight; but it is not so. The legislature have fixed the form, and said that no other shall be pursued. Has that form been pursued? I think it *has. In the form prescribed by the act of assembly, which has been exactly followed here, there are blanks left for the township, for the quantity of acres, and for the names of the person or persons who own the adjoining lands. All these blanks have been filled up. It is not for us to say that the form prescribed by the act is insufficient. Indeed the description contains as much certainty *74as the ancient form of ejectment, and in some respects more ; for the old form did not require that the owners of the adjoining lauds should be named. But it is enough for the plaintiffs below, that they have complied with the law. Our opinion is that the judgment should be affirmed.

¶3Judgment affirmed.

¶4[Citfed in 2 W. 150 ; 6 id. 271 ; 9 id. 498 ; 4 Phila. 93; 10 Wr. 11.]

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