1782.
Respublica verſus Shryber et al.
Forcible entry.—In this caſe it was reſolved, on ſolemn argument, that title could not be given in evidence by the defendant to prevent reſtitution. 8. H. 6 ch. 9. 1 Burns Juſt. 411. ſec. 3.
And M’Kean C. J. ruled that the wife of the proſecutor might be examined as a witneſs to prove the force, but only the force; for, otherwiſe, the ſtatutes might be eluded in ſome caſes.
The ſame Cauſe,
Lewis moved in arreſt of judgment, on two grounds: 1ſt. For that the indictment ſtated, “that the proſecutor was ſeized in his demenſe as of fee,” without ſaying when he was ſeized; ſo that it might be he was ſeized at the time of the indictment found, and not at the time of the forcible entry.—2d. For that the indictment ſtated “that he was ſeized in his demeſne as of fee,” and “his peaceable poſſeſſion thereof as aforeſaid continued until &c.” which is repugnant and inconſiſtent, in as much as he could not be both ſeized and poſſeſſed at the ſame time.
But the Court over-ruled both objections: And M’Kean C. J. ſaid, that the words, “his peaceable poſſeſſion thereof as aforeſaid,” were ſurpluſage and ought to be rejected.[1]
Shrider’s Leſſee verſus Nargan.
In this cauſe, M’Kean C. J. ſaid, that he had ruled it in a caſe at Lancaſter, that the leſſor of the plaintiff ſhall not be obliged to ſhew his title further back, than from the perſon who laſt died ſeized, firſt ſhewing the eſtate to be out of the Proprietaries, or the commonwealth.
It was objected by Lewis and Clymer, that a ſheriff’s deed of ſale of lands, under a writ of venditioni exponas, not being recorded in the Rolls Office, according to the Act of Aſſembly of 1774, could not be read in evidence.—Sed non allocatur: Becauſe it was acknow-
- ↑ See 1 Inſt. 303. 4.
