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Commonwealth v. Fitch

4 U.S. 184 4 Dall. 184 Court SCOTUS English

Delivered by By the Court.

Contents

Majority

p. 184
*SEPTEMBER TERM, 1800.
Commonwealth v. Fitch.[1]

Syllabus

Forcible entry.
The inquisition in a case of forcible entry and detainer, stated, that A. “ was possessed in his demesne as of fee, &c., and continued so seised and possessed," until “he was thereof disseised:” IWd, that it was not error.
Certiorari, to remove the judgment and proceedings in a case of forcible entry and detainer, from Luzerne county. The inquisition stated, “ that Nathan Beach was possessed in his demesne as of fee, &c., and continued so seised and possessed, until the defendant did enter, and him the said Nathan Beach thereof disseised,” &c.
It was objected, that the prosecutor is stated to have been only possessed of the premises, whereas, the evidence proved him to have been seised. But—

— There is some informality in the expressions; but

p. 185
surely, stating that the prosecutor was disseised, necessarily implies a previous seisin.[1]

Judgment affirmed.

(a) (a) This was not the principle upon which the court decided the case: see 8 Yeates 50 .