Harris v. Kelley
Supreme Court of Pennsylvania
January-Term, 1888, No. 229, E. D. Error to Common Pleas No. 3 of Philadelphia County to review a judgment o-u a verdict for the plaintiff in a sheriff’s inter-pleader, December Term, 1885, No. 675. This was a feigned issue to determine the ownership of a 'wooden floor, levied on as the property of Ephraim D. Slater .and others, at the suit of Alfred N. Harris, and claimed by Edward Kelley.
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January-Term, 1888, No. 229, E. D. Error to Common Pleas No. 3 of Philadelphia County to review a judgment o-u a verdict for the plaintiff in a sheriff’s inter-pleader, December Term, 1885, No. 675. This was a feigned issue to determine the ownership of a 'wooden floor, levied on as the property of Ephraim D. Slater .and others, at the suit of Alfred N. Harris, and claimed by Edward Kelley. In this issue the claimant was plaintiff, and the defendant in the execution was defendant. At the trial before Hekd, J., it appeared that the premises when leased by the plaintiff Kelley to Slater and…
1Per curiam
We agree with the counsel for the defendant, that the court ■should have construed the lease as a matter of law, and not have left that as a question of fact for the jury. There was nothing ambiguous in its language, and nothing that required oral explanation. But as this, in our opinion, would not have helped the defendant, rather the contrary, we cannot reverse the judgment for this reason. All improvements made upon the build*188iug with certain exceptions, of which the floor in controversy was not one, were to remain as part of the property; and certainly if the building was to be changed…
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