Public-domain · open source
OpenJurist

9 Watts 46

Burnside v. Weightman

Supreme Court of Pennsylvania

Decided September 15, 1839

Supreme Court of Pennsylvania · decided 1839-09-15

Samuel Burnside against William Weightman. This was an action of replevin for four hundred dozen of wheat. On the 3d of October 1837, William Maits was the owner in fee of the land, on which the wheat (in g. twelve acre field) was the only growing crop-, or grain in the ground.

Decided 1839-09-15

Per Curiam:

¶1This cause was decided on the authority of Smith v. Johnston, 1 Penns. Rep. 471, which has since been overruled by Wilkins v. Vashbinder, 7 Watts 379, the report of which was not published in time to be known at the trial. The existence of the lease can not take the case out of the rule finally established; for the growing crop, having been reserved by the lessor, passed by his conveyance of the reversion as if no lease had been given. The title to the property in question was, therefore, in the plaintiff.

¶2Judgment reversed, and a -venire de novo awarded.

/9/watts/46 · .json · Public domain