Wells et al., appellants, v. Fox

Wells et al., appellants, v. Fox. Party-walls. — Pjeotment. Ejectment is the proper mode of determining a title, on an appeal from regulators of party-walls under the act of 1782. This was an appeal from the determination of the regulators of party-walls, &c. Sowell moved that a venire should issue, agreeable to the third section of the act passed the 15th of April 1782 (2 Sm. Laws, 48), allowing the appeal to the next court of common pleas, and enacting, that thereupon “ the said court (upon security being entered, &c.), shall direct a venire to the sheriff, &c.” Sergeant thought that the question ought to be tried upon a feigned issue, or under an ejectment; to either of which he would agree. But by— [MAJORITY — Shippen, President.] Shippen, President. A feigned issue can only determine, whether the regulators have done right or not; it cannot determine the title, and finally settle the matter. For this reason, we think it proper to try the question by ejectment. Lewis and Wileochs said, the practice in the supreme court had been conformable to the opinion of the President here.