Long v. Seavers
Supreme Court of Pennsylvania
Error to tlie Court of Common Pleas of Cumberland county: Of January Term 1883, No. 290. This was an appeal from a judgment of a justice of tlie peace in a proceeding by Jacob Seavers against O. Long, David Allison, et al., to recover the value of certain wheat which had been delivered to the defendants under the following circumstances : Cyrus Allison was the owner of a farm which was occupied by bis son, David Allison, on a lease from year to year upon shares, terminating…
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Error to tlie Court of Common Pleas of Cumberland county: Of January Term 1883, No. 290. This was an appeal from a judgment of a justice of tlie peace in a proceeding by Jacob Seavers against O. Long, David Allison, et al., to recover the value of certain wheat which had been delivered to the defendants under the following circumstances : Cyrus Allison was the owner of a farm which was occupied by bis son, David Allison, on a lease from year to year upon shares, terminating April 1st 1880. On an execution issued in 1879 on a judgment against Cyrus Allison, the grain, then growing on said…
1Opinion of the CourtJustice Gkeejt
It is true that grain growing in the ground is personal property and may be seized and sold upon execution : Hershey v. Metzgar, 9 Norr. 218. But that proposition in its generality relates to the interest in the grain of the person in possession. Where land is leased by the owner to a tenant upon shares, tho landlord is entitled to his share of the grain when it is harvested : Lamberton v. Stouffer, 5 P. F. Smith 284. Before that the landlord cannot enter upon the land demised to take his share, or do any other act inconsistent with the tenant’s right of possession. Under the Act of June 16th…
2Cases cited3 opinions
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- Myers v. WhiteSupreme Court of Pennsylvania · 1829
- Stambaugh v. YeatesSupreme Court of Pennsylvania · 1828
3Cited by9 opinions
- McClarigan v. MatlackSuperior Court of Pennsylvania · 1929
- Baker v. LewisSupreme Court of Pennsylvania · 1892
- King v. BossermanSuperior Court of Pennsylvania · 1900
- Gordon v. GordonSuperior Court of Pennsylvania · 1911
- Loose v. ScharffSuperior Court of Pennsylvania · 1897
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