7 Watts 356
Decided September 15, 1838
Supreme Court of Pennsylvania · decided 1838-09-15
Gennett Porter against Rev. William Johnston, Francis Gosnel, Brice Gosnel and David Porter, Sen. This was an action of ejectmentfor four hundred and thirteen acres of land situated in Luzerne township in Fayette county. Judgment by default was entered against the two Gosnels (wiho were the tenants of Andrew Porter), and against David Porter. Johnston pleaded not guilty. September 10, 1833, referred by consent to William Davidson, Isaac Meason and Robert Clark.
Decided 1838-09-15
¶1The submission being under the act of 1705, the award stood before the court on the footing of a verdict, and the decision of the exceptions to it was equivalent to the overruling of a motion for a new trial. It is not in the power of arbitrators to put the merits on the record for revision here; and we have before us the form of an ordinary ejectment, on which there is no error.
¶2Judgment affirmed.