Stark v. Hight
Superior Court of Pennsylvania
Appeal, No. 35, Jan. T., 1897, by plaintiffs, from decree of C. P., Wyoming Co., April T., 1896, Nos. 178 and 179, making distribution of fund in sheriff’s hands. A case in the nature of a case stated.
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Appeal, No. 35, Jan. T., 1897, by plaintiffs, from decree of C. P., Wyoming Co., April T., 1896, Nos. 178 and 179, making distribution of fund in sheriff’s hands. A case in the nature of a case stated. Before Dunham, P. J. The facts sufficiently appear in the opinion of the court below which is in part as follows : From the agreement of parties, and the papers submitted, the facts in the case are as follows, viz: On the 11th day of December, 1883, the heirs of Henry Stark, deceased, leased to Benj. R. Bedford, for a period of ten years, a certain piece of land in Tunkhannock borough, at a…
1Opinion of the Court
Opinion by
Beaver, J.,
A lease for years is a chattel real. A building erected on a chattel is itself a chattel: Gaule v. Bilyeau, 25 Pa. 521. If this were not so as a matter of law, the lease of the 11th of December, 1888, between James B. Stark et al. and Benjamin R. Bedford, extended by an' agreement of Pierre Aslield, the assignee of Bedford, for five years from the 11th of December, 1893, to the 11th of December, 1898, made the building which was to be erected upon the leased premises personal property. The act of June 16, 1836 P. L. 755, provides that the amount of rent for which the…
2Cases cited3 opinions
- Miners' Bank v. HeilnerSupreme Court of Pennsylvania · 1864
- Gaule v. BilyeauSupreme Court of Pennsylvania · 1855
- Wood's AppealSupreme Court of Pennsylvania · 1858
3Cited by1 opinion
- First National Bank v. ReeseCourt of Judicial Discipline of Pennsylvania · 1947