Davis v. Moss
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. This was an amicable action between Joseph L. Moss as plaintiff and Thomas Davis as defendant, to determine the ownership of a stationary engine and the machinery used with it in working a lead and copper mine in Chester county.
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Error to the Common Pleas of Chester county. This was an amicable action between Joseph L. Moss as plaintiff and Thomas Davis as defendant, to determine the ownership of a stationary engine and the machinery used with it in working a lead and copper mine in Chester county. The following are the material facts of the case as agreed on by the parties:— On the 8th day of May, A. D. 1851, Thomas Davis, the defendant, being the owner of a certain tract of land in Schuylkill township, Chester county, joined with his wife in making a lease to Michael Ryan of Philadelphia, his heirs, executors,…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
— The question raised by the case stated is to be decided by the proper construction of the deed or lease of 8th May 1851, made by Davis and wife to Michael Ryan, and by him assigned to the Montgomery Mining Company. The engine, which is the immediate subject of the present dispute, was erected by the mining company under that lease, and if it be amere personal chattel, the sheriff’s sale conferred a good title upon Moss, and he must have the judgment; but if it became a part of the freehold, no title passed by the sheriff’s sale, and the…
2Cases cited1 opinion
- White v. ArndtSupreme Court of Pennsylvania · 1836
3Cited by8 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Cohn v. ClarkSupreme Court of Oklahoma · 1915
- Radey v. McCurdySupreme Court of Pennsylvania · 1904
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