Harmony Building Ass'n v. Berger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term 1882, No. 15. * Trespass, by the Harmony Building Association against George Berger, for severing and taking away from a house which the plaintiff had purchased at sheriff’s saie certain articles alleged to be fixtures.
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Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term 1882, No. 15. * Trespass, by the Harmony Building Association against George Berger, for severing and taking away from a house which the plaintiff had purchased at sheriff’s saie certain articles alleged to be fixtures. On the trial, before Biddle, J., the following facts appeared : The defendant, on December 29th 1873, being the owner of a house and lot, No. 2612 Girard avenue, mortgaged the same to the association plaintiff. The lower room of the house was used as a store, and was fitted with a counter having…
1Opinion of the CourtJustice Paxson
The defendant was the owner of premises No. 2612 Girard avenue, in the city of Philadelphia, lie occupied the first story as a bakery, the balance of the building as a residence. The plaintiff held a mortgage upon the premises, which he foreclosed, and the property was sold by the sheriff. lie became the purchaser at the sheriff’s sale, and proceedings were instituted under the Act of Assembly to obtain possession. The defendant took away from the premises, as stated in the history of the case, “ the marble slabs from the counter, beater stove out of the chimney, and iron frame attached to…
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