Groff v. Levan

Decided May 26, 1851

Supreme Court of Pennsylvania · decided 1851-05-26

Ebjior to the Common Pleas of Lancaster county. This was a suit by George Levan v. Levi W. Groff, involving the right to grain. A case was stated, embracing, with others, the following facts:— March 19, 1844, mortgage, Samuel W. Groff to the Farmers’ Bank of Lancaster, on 18 acres of land — same day, mortgage recorded. To November term 1847, scire facias on the mortgage. November 22, 1847, judgment for plaintiff for $8450.66. ‘ Levari facias to January term 1848.

Decided 1851-05-26

¶1The opinion of the court was delivered May 26, by

Coulter, J.

¶2This case is ruled by Sallade v. James, 6 Barr 144, and Bear v. Bitzer decided at this term. The circumstance of Levi W. Groff being a cropper makes no difference in the application of the law to the case, because it has been ruled by this court that the 119th section of the act of 1836 is not imperative on the purchaser at sheriff’s sale, inasmuch as he claims by a title paramount to the tenant’s right. In this case, however, the cropper or tenant cut and carried away the whole crop, and claimed it because he had paid the rent in advance; thus disavowing the act of Assembly as for his benefit. But his lease being after the judgment and levy, and there being no severance by a sale, the purchaser’s right was absolute.

¶3Judgment affirmed.