Rank v. Rank
Supreme Court of Pennsylvania
In error from tbe District Court of Lancaster. May 10. This was an action of trover, in which the questions were, 1. The measure of damages; the goods having been delivered after suit brought. ’. 2. A landlord’s right to straw where the tenant held on shares; and 8. An objection to the form of the action, the parties being landlord and tenant on shares, and there having been no severance, which exception was not made in the court below.
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In error from tbe District Court of Lancaster. May 10. This was an action of trover, in which the questions were, 1. The measure of damages; the goods having been delivered after suit brought. ’. 2. A landlord’s right to straw where the tenant held on shares; and 8. An objection to the form of the action, the parties being landlord and tenant on shares, and there having been no severance, which exception was not made in the court below. The facts, &e., are stated by-Mr. J. Burnside.
1Opinion of the CourtBurnside, J.
This action is trover for three hundred and fifty bushels of wheat in the straw, cut and unthrashed, and one hundred bushels of rye in the straw, cut and unthrashed.
The plaintiff below gave evidence that he farmed the plantation of the defendant, who is now the plaintiff in error, on shares or halves; that he cut and hauled the wheat and rye and put it in the defendant’s barn; that when he wanted to thrash it the defendant had the barn locked, and refused to permit him. Some of the grain was destroyed by the fowls of the defendant. He had contracted to sell his grain in the beginning of…
2Cases cited2 opinions
- Craig v. DaleSupreme Court of Pennsylvania · 1841
- Iddings v. NagleSupreme Court of Pennsylvania · 1841
3Cited by7 opinions
- Ehmling v. D. L. Ward Co.Supreme Court of Pennsylvania · 1924
- Munier v. ZacharySupreme Court of Iowa · 1908
- Harwood v. WilliamsMichigan Supreme Court · 1910
- McClarigan v. MatlackSuperior Court of Pennsylvania · 1929
- Cudd v. WhippoCourt of Appeals of Texas · 1921
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