Titusville Novelty Iron Works' Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Clarion county: No. 227, of October and November Term 1874. In the distribution of the' proceeds of the sheriff’s sale of the property of James L. Johnson. Johnson was the owner of thirteen-sixteenths of a leasehold on what was known as the land of “ Dittman’s heirs,” in Richland township, Clarion county.
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Appeal from the Court of Common Pleas of Clarion county: No. 227, of October and November Term 1874. In the distribution of the' proceeds of the sheriff’s sale of the property of James L. Johnson. Johnson was the owner of thirteen-sixteenths of a leasehold on what was known as the land of “ Dittman’s heirs,” in Richland township, Clarion county. On the 15th of November 1873, the Titusville Novelty Iron Works issued a fi. fa. on a judgment held by them against him and E. D. Hamilton for $1351. On the same day, the sheriff went on the leasehold, stopped at the house on it, in which the…
1Opinion of the CourtJustice Gordon
Had the levy in question been of personal chattels it would have been invalid, for in such case it must be made by actual seizure, or at least in view of the goods.
*107There is, however, a wide difference between chattels personal and chattels real. The latter grow out of and are attached to the realty, and hence, by reason of their fixed and permanent character, can only be seized and held as realty. Alease of land, during the term, is as fixed as the land itself, for it can only be used upon the land out of which it arises. It is nothing more or less than a right to use the freehold for the…
2Cited by10 opinions
- Barnsdall v. Bradford Gas Co.Supreme Court of Pennsylvania · 1909
- Brown v. BeecherSupreme Court of Pennsylvania · 1888
- Baird's AppealSuperior Court of Pennsylvania · 1938
- Carroll v. MinerSuperior Court of Pennsylvania · 1896
- Stockdale v. SellersSuperior Court of Pennsylvania · 1931
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