Wilson's Lessee v. Campbell — 1 U.S. 126

Majority

p. 129

Wilson’s Lessee v. Campbell.

Syllabus

Ejectment.

A defendant in ejectment, who enters into the common rule, must confess lease, entry and ouster for all the tenements laid in the declaration.

Ejectment. Yeates, for the defendant,

when called upon at the trial to confess lease, entry and ouster, confessed lease, entry and ouster for part only of the tenements laid in the declaration.

p. 130

This was opposed by Bradford, who contended,

that the defendant having taken general defence, when he first pleaded, and entered into the common rule, he must now confess lease, entry and ouster as to the whole ; but the plaintiff can recover no more than he proves the defendant to be in possession of. 1 Att. Prac. 317.

The defendant must, in this case, confess lease, entry and ouster for the whole tenements laid in the declaration,^[1]

(a) (a) This case was determined at Carlisle N. P., on the 16th May 1785, before McKean, Chief Justice, &c.