Fry ex rel. Metcalf v. Miller
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Franklin county. This was an issue under the Sheriff’s Interpleader Act, in which John Miller was plaintiff, and Peter A. Fry, for the use of Thomas Metcalf, was defendant, to try the question of the ownership of four acres of barley, which had been put out by Daniel Ward, as tenant of Mr. Atchison Ritchey, and was growing when Ward removed from the farm.
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ERROR to the Common Pleas of Franklin county. This was an issue under the Sheriff’s Interpleader Act, in which John Miller was plaintiff, and Peter A. Fry, for the use of Thomas Metcalf, was defendant, to try the question of the ownership of four acres of barley, which had been put out by Daniel Ward, as tenant of Mr. Atchison Ritchey, and was growing when Ward removed from the farm. The plaintiff in the issue claimed under the following instrument of writing:— “Whereas, Daniel Ward has this day received from John Miller grain to the value of $35, giving his note therefor at ninety days. This…
1Opinion of the Court
The opinion of the court was delivered,
by
Woodward, J.
We concur with counsel in regarding the paper of 5th May 1862 as a mortgage by Ward to Miller of the *443four acres of barley. Ward bad been a renter of Ritchey’s farm — • had sowed the barley in the fall of 1861 — quitted the possession of the farm in the spring of 1862, and was succeeded by Rankin, as tenant of Ritchey, and on the 5th of May 1862, contracted the debt to Miller, and made the mortgage of the growing barley to secure it, binding himself to cut and thresh the barley when ripe. The incoming tenant, Rankin, took charge of the…
2Cases cited1 opinion
- Srodes v. CavenSupreme Court of Pennsylvania · 1834
3Cited by2 opinions
- Commonwealth v. MathisErie County Court of Quarter Sessions · 1924
- Commonwealth v. One Cadillac SedanMonroe County Court of Quarter Sessions · 1925