McIntire v. Wing
This text of 4 A. 197 (McIntire v. Wing) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The opinion of the court was filed
There is no error in the refusal of the court to take off the compulsoiy nonsuit. The evidence wholly failed to show that the defendants were in possession of the land in question; They were not served with the writ by the sheriff. The presumption of possession created by the statute, when the sheriff makes return under oath that he has duly served the writ on the defendants, does not exist. While an appearance and plea by counsel may lead to a verdict and judgment against the defendants, yet on the trial, it is necessary to prove that they were in possession of the premises. Failing in this, the nonsuit was properly entered. This view makes it unnecessary to consider the other questions.
Judgment affirmed.
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Cite This Page — Counsel Stack
4 A. 197, 113 Pa. 67, 1886 Pa. LEXIS 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintire-v-wing-pa-1886.