Bittinger v. Baker
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Adams county. This was an action of trover and conversion, brought by Jacob Baker against William Bittinger, to recover damages for taking and converting to his own use 10,000 sheaves of wheat in the straw, to which the defendant plead not guilty.
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Error to tbe Common Pleas of Adams county. This was an action of trover and conversion, brought by Jacob Baker against William Bittinger, to recover damages for taking and converting to his own use 10,000 sheaves of wheat in the straw, to which the defendant plead not guilty. The land on which the grain in dispute grew, belonged to Isaac Trimmer, and on the 17th February, 1851, he leased it to Abraham Trimmer, for the term of one year from the 1st of April, 1851, who entered into possession, and in the autumn of the same year the grain was sown. At the time of the lease Anthony Deardorff and…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
— There are several erroneous cases in our books of reports on the subject of the waygoing crop, which, if they are not known as such, are continually tending to mislead the bar and the bench. In Stambaugh v. Yeates, 2 Rawle 161, it was decided that if, during the currency of executions which resulted in the sale of land, the crop on it was sold by a constable, his vendee’s title is good against the sheriff’s vendee of the land with the crop still on it. In Myers v. White, 1 Id. 353, it was decided that, even after the commencement of suit on…
2Cases cited9 opinions
- Lane v. KingNew York Supreme Court · 1832
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Shepard v. PhilbrickNew York Supreme Court · 1846
- Crews v. Pendleton & MountcastleSupreme Court of Virginia · 1829
- Jones v. ThomasIndiana Supreme Court · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hendricks v. StewartNorth Dakota Supreme Court · 1925
- Lieberman v. Garbo Amusement Co., Pennsylvania Court of Common Pleas, Delaware County1939