Renick v. Boyd
Supreme Court of Pennsylvania
Error to tlio Court of Common Pleas of Chester Gountry: Of January Term 1882, Nos. 228, 229. Two actions of replevin, by James Benick against John Boyd, to recover hay, oats and corn after they were harvested. Pleas, non-cepit, and property.
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Error to tlio Court of Common Pleas of Chester Gountry: Of January Term 1882, Nos. 228, 229. Two actions of replevin, by James Benick against John Boyd, to recover hay, oats and corn after they were harvested. Pleas, non-cepit, and property. On the trial, before Clayton, P. J., the following facts appeared : At a public sale of land of the estate of one Correy, on December 28th 1879, the plaintiff purchased a tract of 118 acres, the purchase money of which was paid and deed delivered on March 31st 1880. The defendant was at that time in possession of said tract under a claim of title, and…
1Opinion of the CourtJustice Green
These were two actions of replevin, brought to recover certain hay, oats and corn, after the same had been harvested, upon land of which the defendant was in the actual and adverse possession, both before, and at, the time the crops were gathered. The plaintiff had brought an action of ejectment against the-defendant to recover possession of the land, and this action was pending at the time the crops in question were severed from the freehold. The plaintiff claims that he is entitled to recover in this action under the provisions of the Act of May 15th 1871 P. L. 268. That Act is as follows :
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