Loose v. Scharff
Superior Court of Pennsylvania
Appeal, No. 96, Oct. T., 1897, by plaintiff, from judgment of C. P. Berks Co., Oct. T., 1895, No. 83, on special verdict in favor of defendant. Amicable action in assumpsit.
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Appeal, No. 96, Oct. T., 1897, by plaintiff, from judgment of C. P. Berks Co., Oct. T., 1895, No. 83, on special verdict in favor of defendant. Amicable action in assumpsit. Before Ehdlich, J. On the trial of the case the jury found the following special verdict : 1. Plaintiff became the purchaser in December, 1894, ón an execution issued at his instance and levied upon the winter crops in the ground of the farm of Hibschman (defendant in said execution) in the possession of J. L. Loose, as tenant for a term beginning April 1, 1894, and ending April 1, 1895. 2. Prior to the levy of said…
1Opinion of the Court
Per Curiam,
This dispute arose over the title to a growing crop of grain. The plaintiff claimed as purchaser at sheriff’s sale of the crop as personalty; the defendant as purchaser at a subsequent sheriff’s sale of the land.
It was decided in Long v. Seavers, 103 Pa. 517, that where land is let upon shares a sale upon a fi. fa. of the landlord’s share of the growing grain before actual severance does not of itself work such an implied severance as will pass the landlord’s title to the purchaser under the fi. fa. as against a subsequent purchaser of the land at sheriff’s sale who obtains his…
2Cases cited2 opinions
- Long v. SeaversSupreme Court of Pennsylvania · 1884
- Hershey v. Metzgar & KrugSupreme Court of Pennsylvania · 1879
3Cited by1 opinion
- Gordon v. GordonSuperior Court of Pennsylvania · 1911