Supreme Court of Pennsylvania September 15, 1838 (Kerr v. Chess)

The opinion of the Court was delivered by

Gibson, C. J.

It seems to be unsettled whether a verdict on a traverse of liberum tenementum is conclusive of the title in ejectment; and considerable doubt has been cast on it by dicta of the judges, in Gilpin v. Meredith, 9 Price 146; S. C., 2 Eng. Exch. Rep. 416. It. will be sufficient to show that the point is not raised by the record at bar.