Shaw v. Bowman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of October and November Term 1879, No. 26. Trover and conversion by J. H. Bowman, to the use of J. W. Bowman, against A. A. Shaw.
Read the full summary
Error to the Court of Common Pleas of Erie county: Of October and November Term 1879, No. 26. Trover and conversion by J. H. Bowman, to the use of J. W. Bowman, against A. A. Shaw. Shaw, the defendant, owned a farm in Erie county, and on March 23d 1873 leased it to J. H. Bowman for a term of two years from April 1st 1873. The lease contained the following condition:— “ The party of the first part furnishes one-half of all seed, except grass seed, and receives one-half the proceeds; and further, he pays all taxes on Said farm, except road tax. He also leaves on farm (certain horses, cattle,…
1Opinion of the CourtJustice Paxson
The right of the outgoing tenant to the way-going crop is settled law in Pennsylvania. It follows that he may dispose of it as he may of any other article of personal property. To deny this right would, in many instances, deprive the tenant of any beneficial use of his crop. He may die between the expiration of his term and the succeeding harvest. No one doubts in such case the crop would pass to his executor or administrator as a part of the assets of his estate, and may be gathered by him under the conditions of the lease, or sold to a stranger as any other chattel. Or the tenant may move…
2Cited by2 opinions
- McKay v. PearsonSuperior Court of Pennsylvania · 1898
- McClarigan v. MatlackSuperior Court of Pennsylvania · 1929