Smith v. Lanning - 35 U.S. 366 (1836)


U.S. Supreme Court

Smith v. Lanning, 35 U.S. 10 Pet. 366 366 (1836)

Smith v. Lanning

35 U.S. (10 Pet.) 366

ON CERTIFICATE OF DIVISION FROM THE CIRCUIT COURT

OF THE UNITED STATES FOR THE DISTRICT OF PENNSYLVANIA

Syllabus

A question whether a plaintiff in ejectment shall be permitted to enlarge the term in the demise in an action of ejectment is one within the discretion of the court to which a motion for the purpose is submitted, and cannot be certified to the Supreme Court, if the judges of the circuit court are decided in opinion on the motion under the provisions of the Act of Congress of 29 April, 1802.

At April session, 1814, an action of ejectment was commenced by the plaintiff in the Circuit Court of Pennsylvania, and after various preparatory proceedings, on 15 October 1821, a jury having been empanelled; by agreement of the opposite parties, the term laid in the declaration was enlarged to seventeen years, and on 17 October, 1821, the jury found a verdict for the plaintiff, against Vaughan and others, on which judgment nisi was entered. At October session, 1826, a scire facias to revive the original judgment against Vaughan and others was issued, and after various pleas and demurrers, on 9 June, 1830, judgment was given for the plaintiff.



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