Iddings v. Nagle
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Union county. In the autumn of 1838, Robert Kelly, being the owner of a tract of land in Union county, let a field of it to the defendant, Jacob Nagle, for the purpose of sowing it with rye in the course of the same autumn. Nagle was to furnish the seed, to cut and secure the rye when it should ripen, afterwards thresh and clean it, and then deliver to Kelly one-third part thereof at such place as the latter should appoint.
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ERROR to the Common Pleas of Union county. In the autumn of 1838, Robert Kelly, being the owner of a tract of land in Union county, let a field of it to the defendant, Jacob Nagle, for the purpose of sowing it with rye in the course of the same autumn. Nagle was to furnish the seed, to cut and secure the rye when it should ripen, afterwards thresh and clean it, and then deliver to Kelly one-third part thereof at such place as the latter should appoint. Nagle accordingly tilled the field, and sowed it with rye. While the rye was growing on the ground, Kelly, on the 2d of April 1839, by his…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J. )
On the trial of the cause, it was proved that there was a barn on the tract of land of which the field where the rye was grown composed a part; and although not in good condition, yet it was such as the rye might have been threshed in. Evidence was also given by both sides on the question, whether a general usage or custom existed, whereby the cropper, as in the present case, there being no express agreement made in relation to the straw, was precluded from taking it off the land, and using it for his own purposes. The evidence in regard…
2Cases cited1 opinion
- Craig v. DaleSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Rank v. RankSupreme Court of Pennsylvania · 1847
- Heller v. YoungSuperior Court of Pennsylvania · 1917
- In re LuckenbillDistrict Court, E.D. Pennsylvania · 1904
- Clark v. BanksSupreme Court of Delaware · 1883