Elliott v. Powell
Supreme Court of Pennsylvania
ERROR to the common pleas of Butler county. William R. Elliott against John Powell. This was an action of replevin for 80 dozen of wheat in the sheaf. The plaintiff proved that he had cleared the ground, fenced it, and put in the crop of wheat, and was in the possession of the premises; and that the defendant cut and carried away the grain.
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ERROR to the common pleas of Butler county. William R. Elliott against John Powell. This was an action of replevin for 80 dozen of wheat in the sheaf. The plaintiff proved that he had cleared the ground, fenced it, and put in the crop of wheat, and was in the possession of the premises; and that the defendant cut and carried away the grain. The defendant then offered to prove that the land was his; that the plaintiff in sowing the grain was a trespasser; that he (the defendant) entered upon the premises and took the actual possession thereof, which he has maintained ever since, and that while…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The right of property'in a chattel, which has become such by severance from the freehold, cannot be determined in a transitory action. Hence it has been ruled in Powell v. Smith, 2 Watts 126, that replevin would not lie for fixtures separated and removed from a mill. In that case, and in Mathers v. Trinity Church, 3 Serg. & Rawle 509, in Baker v. Howell, 6 Serg. & Rawle 476, and in Brown v. Caldwell, 10 Serg. & Rawle 114, it is ruled that a transitory action does not lie by one not in the actual possession of land, although he may have a good…
2Cases cited7 opinions
- Mather v. Ministers of Trinity ChurchSupreme Court of Pennsylvania · 1817
- Powell v. SmithSupreme Court of Pennsylvania · 1833
- Alternas v. CampbellSupreme Court of Pennsylvania · 1839
- Ives v. IvesNew York Supreme Court · 1816
- Brown v. CaldwellSupreme Court of Pennsylvania · 1823
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Martin v. ThompsonCalifornia Supreme Court · 1882
- Harlan v. HarlanSupreme Court of Pennsylvania · 1851
- Lehman v. KellermanSupreme Court of Pennsylvania · 1870
- Cromelien v. BrinkSupreme Court of Pennsylvania · 1858
- Beckwith v. PhilleoWisconsin Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.