Burns v. Cooper
Supreme Court of Pennsylvania
Error to tlie Common Pleas of Northumberland county. This was an action of replevin for 132 bushels of wheat, brought by John Cooper against John Burns, David Houch and Joseph Weitzel. The defendants gave a property bond to the sheriff, and retained possession; and the case was subsequently tried on their plea of property.
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Error to tlie Common Pleas of Northumberland county. This was an action of replevin for 132 bushels of wheat, brought by John Cooper against John Burns, David Houch and Joseph Weitzel. The defendants gave a property bond to the sheriff, and retained possession; and the case was subsequently tried on their plea of property. Simon Snyder died intestate on the 21st October 1854, seised in fee of a farm in Northumberland county, and leaving several minor children, of whom William Dewart and David Houch, one of the defendants, were appointed guardians. On the 9th December 1854, these guardians…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The parties went to trial on the plea of property. The sole question was whether the ownership of the grain was in the plaintiff below. Undoubtedly, where rent of a farm is payable in a share of the grain raised on it, division and delivery are essential to vest the title to the grain in the landlord. There is nothing peculiar in such a case. The same thing is true in all sales of personalty, as well as in payments by articles in kind. But what is delivery ? It is such an act as is intended to, and in fact does, enable the vendee or creditor…
2Cases cited2 opinions
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Wilkins v. VashbinderSupreme Court of Pennsylvania · 1838
3Cited by3 opinions
- McClarigan v. MatlackSuperior Court of Pennsylvania · 1929
- King v. BossermanSuperior Court of Pennsylvania · 1900
- Snyder v. StehmanSuperior Court of Pennsylvania · 1899