Oves v. Ogelsby
Supreme Court of Pennsylvania
ERROR to the common pleas oí Dauphin county. George Ogelsby against Abraham Oves. Amicable action and case stated in the nature of a special verdict. Samuel B. Sherer being the owner of a lot of ground which he used as a tannery, erected upon it a steam engine and fixtures, for the purpose of grinding bark and breaking hides in the course of his business. He failed; and Abraham Oves issued a fieri facias against him, and levied on the engine and fixtures.
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ERROR to the common pleas oí Dauphin county. George Ogelsby against Abraham Oves. Amicable action and case stated in the nature of a special verdict. Samuel B. Sherer being the owner of a lot of ground which he used as a tannery, erected upon it a steam engine and fixtures, for the purpose of grinding bark and breaking hides in the course of his business. He failed; and Abraham Oves issued a fieri facias against him, and levied on the engine and fixtures. George Ogelsby also issued an execution upon his judgment, which was a previous lien, and levied upon the real estate upon which the same…
1Per curiam
Privilege for the benefit of trade, holds only betwixt landlord and tenant; not betwixt third persons and the owner of the soil]: as is exemplified by Morgan v. Arthurs, 3 Watts 140, and Lemar v. Miles, 4 Watts 330. In the first of these, a steam engine ' set up by the owner to drive a saw mill, was held to be a part of the freehold and subject to a mechanic’s lien; while in the second, an *107engine set up by a lessee, to drive a salt works, was seized and sold as personal by his creditors. Here the engine was erected by the owner of the mill, and it was consequently a part of the freehold.…
2Cases cited2 opinions
- Lemar v. MilesSupreme Court of Pennsylvania · 1835
- Morgan v. Arthurs & Co.Supreme Court of Pennsylvania · 1834
3Cited by13 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
- Fratt v. WhittierCalifornia Supreme Court · 1881
- Roseville Alta Min. Co. v. Iowa Gulch Min. Co.Supreme Court of Colorado · 1890
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