
    Wells et al. Appellants, versus Fox.
    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.
    
      Lewis and Wilcoks said,
    the practice in the Supreme Court had been conformably to the opinion of the President here.
   But, by

Shippen, President.

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.  