Hey v. Bruner
Supreme Court of Pennsylvania
Certificate from Nisi Prius: No. 164, to January Term 1866. This was an action of replevin, by James P. Bruner & Sons against John Hey. The writ was issued November 4th 1865. The declaration was for a steam-engine, boiler, shafting and a number of other articles of the machinery of a woollen mill. The defendant pleaded “non cepit — property.”
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Certificate from Nisi Prius: No. 164, to January Term 1866. This was an action of replevin, by James P. Bruner & Sons against John Hey. The writ was issued November 4th 1865. The declaration was for a steam-engine, boiler, shafting and a number of other articles of the machinery of a woollen mill. The defendant pleaded “non cepit — property.” On the 23d of March 1863, Samuel A. Salter leased to John Gadsby & Sons a factory, &e., in Philadelphia, for ten years, at a rent of $900. The lessees covenanted to pay the rent, “ and at the expiration of the said term shall and will quietly and…
1Opinion of the Court
The opinion of the court was delivered, February 25th 1869, by
Agnew, J.
It is a familiar principle, and the authorities cited abundantly show, that a tenant who erects fixtures upon leased property for the benefit of Ms trade or business, may remove them from the demised premises within his term. And where a tenant has the right to sever and retain them they are liable to be. seized and sold in execution and severed by the purchaser. The judge at Nisi Prius so held and the plaintiff recovered. The tenant’s right in this case depends on the terms of his lease.' He covenanted to make…
2Cited by6 opinions
- Walker v. TillisSupreme Court of Alabama · 1914
- Wetherill v. GallagherSupreme Court of Pennsylvania · 1907
- Alabama MacHinery & Supply Co. v. RoquemoreSupreme Court of Alabama · 1921
- In re Montello Brick WorksDistrict Court, E.D. Pennsylvania · 1908
- McKim v. BurkeSuperior Court of Pennsylvania · 1914
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