Marple v. Brister
Superior Court of Pennsylvania
Appeal, No. 226, Oct. T., 1915, by plaintiff, from judgment of .C. P. Montgomery Co., March T., 1914, No. 1, for defendant on case tried by the court without a jury in suit of Daniel F. Marple v. W. C. Brister. Trespass for cutting a crop of timothy and clover. The case was tried by the court without a jury before Miller, J. From the record it appeared that plaintiff was a tenant from year to year of a farm.
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Appeal, No. 226, Oct. T., 1915, by plaintiff, from judgment of .C. P. Montgomery Co., March T., 1914, No. 1, for defendant on case tried by the court without a jury in suit of Daniel F. Marple v. W. C. Brister. Trespass for cutting a crop of timothy and clover. The case was tried by the court without a jury before Miller, J. From the record it appeared that plaintiff was a tenant from year to year of a farm. He removed therefrom at the end of a yearly term, or on April 1, 1913, pursuant to notice to that effect from his landlord when the defendant entered into possession of the same premises…
1Opinion of the Court
Opinion by
Orlady, J.,
The question raised by this appeal has not been presented in any case in this State.
The conclusion reached by the learned court below, “that mixed timothy and red clover grass planted in the autumn by a farm tenant as a separate crop, not sown with either wheat or rye, is not a way-going crop, which under the common law of Pennsylvania, such tenant is entitled to harvest and remove in the proper season after the expiration of the term, even if he remove from the premises at the end of such term at the instance of his landlord,” is justified by the authorities.
The case was…
2Cited by4 opinions
- Commonwealth v. PetermanSuperior Court of Pennsylvania · 1938
- Swanson v. CarlsonSuperior Court of Pennsylvania · 1987
- Giadosh v. Tiger, Pennsylvania Court of Common Pleas, Luzerne County1950
- Swanson v. Carlson, Pennsylvania Court of Common Pleas, Warren County1986