Backenstoss v. Stahler's Administrators
Supreme Court of Pennsylvania
Error to the Common Pleas of Lehigh county. This was an action of trover by John Stahler and Henry Dillinger, administrators of Daniel Stahler, deceased, against John Backenstoss, for a quantity of wheat, rye, and straw.
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Error to the Common Pleas of Lehigh county. This was an action of trover by John Stahler and Henry Dillinger, administrators of Daniel Stahler, deceased, against John Backenstoss, for a quantity of wheat, rye, and straw. On' the 1st December 1854, the plaintiffs, as administrators of Daniel Stahler, deceased, sold the real estate of their intestate, under proceedings in partition in the Orphans’ Oourt, and the defendant became the purchaser, at the price of $10,566.87. One of the conditions of sale was as follows:— “ All straw from the winter grain now in the ground, shall remain on the…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
It is settled in this Commonwealth, that growing crops are personal property; subject, however, to pass with and as appurtenant to the realty, in case of conveyance, unless severed by reservation or exception therefrom: Bear v. Bitzer, 4 Harris 178; Wilkins v. Vashbinder, 7 Watts 379. Such was the rule of the common law, and uniformly held in England not to have been altered by the statute against frauds and perjuries. Amongst the numerous cases on this point see Sainsbury v. Matthews, 4 M. & W. 343; Evans v. Roberts, 5 B. & Cr. 829; Dunn…
2Cases cited4 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Stultz v. DickeySupreme Court of Pennsylvania · 1812
- Myers v. WhiteSupreme Court of Pennsylvania · 1829
- Wilkins v. VashbinderSupreme Court of Pennsylvania · 1838
3Cited by10 opinions
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Yoder Feed Service v. Allied Pullets, Inc.Indiana Court of Appeals · 1977
- Willard v. HigdonCourt of Appeals of Maryland · 1914
- Bjornson v. RostadSouth Dakota Supreme Court · 1912
- McKay v. PearsonSuperior Court of Pennsylvania · 1898
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