WELLS et al. Appellants, verʃus FOX.
T
HIS was an appeal from the determination of the Regulators of Party Walls &c.–Howell moved that a Venire fhould iffue agreeably to the third fection of the act paffed the 15th of April 1782, 3 State Laws 75. allowing the appeal to the next Court of Common Pleas, and enacting, that thereupon “the faid Court (upon fecurity being “ entered&c.) fhall direct a Venire to the Sheriff &c.”Sergeant though that the queftion ought to be tried upon a feigned iffue, or under an ejectment ; to either of which he would agree.
But, by SHIPPEN, Preʃident.–A feigned iffue can only determine, whether the Regulators have done right or not ; cannot determine the title, and finally fettle the matter. For this reafon we think it proper to try the queftion by ejectment.
Lewis and Wilcoks faid, the practice in the Supreme Court had been conformably to the opinion of the Preʃident here.