Hershey v. Metzgar & Krug
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Yorlc county: Of May Term 1879, No. 114. Trover and conversion by F. E. Metzgar and Rufus Krug against John M. Hershey, Henry Swartz and George T. Forrey. The defendants pleaded “not guilty.”
Read the full summary
Error to the Court of Common Pleas of Yorlc county: Of May Term 1879, No. 114. Trover and conversion by F. E. Metzgar and Rufus Krug against John M. Hershey, Henry Swartz and George T. Forrey. The defendants pleaded “not guilty.” In 1870 Forrey purchased from Metzgar and Krug, a farm in York county, and gave to them, in part payment of purchase-money, a judgment-note for $4000. A writ of fi. fa. was issued to January Term 1874, and all the defendant’s stock of horses, cattle, farming implements and grain in the ground, and also the real estate, were levied upon. When the sheriff came with his…
1Opinion of the CourtJustice Trunicey
Growing grain is personal property, and may be seized and sold in satisfaction of an execution, though there be an older judgment which is a lien on the land ; for land is bound from the entry of a judgment; personalty, only from delivery of the execu*219tion to the officer. Where grain growing in the ground had been sold on an execution against the debtor, before sale of the land upon a venditioni exponas, it was decided that severance was implied, and that the grain did not pass with the land: Stambaugh v. Yeates, 2 Rawle 161. A mortgagor assigned all his property for the benefit of his…
2Cases cited2 opinions
- Myers v. WhiteSupreme Court of Pennsylvania · 1829
- Stambaugh v. YeatesSupreme Court of Pennsylvania · 1828
3Cited by3 opinions
- Gordon v. GordonSuperior Court of Pennsylvania · 1911
- Loose v. ScharffSuperior Court of Pennsylvania · 1897
- In re BuchananDistrict Court, W.D. Pennsylvania · 1928