Opinion
JUNE TERM, 1788.
THIS was an appeal from the determination of the Regulators of Party Walls c. — Howell moved that a Venire should issue agreeably to the third section of the act passed the 15th of April 1782, 3 State Laws 75 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 seigned issue, or under an ejectment; to either of which he would agree.
A seigned 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 Wilcoks said, the practice in the Supreme Court had been conformably to the opinion of the President here.