Dutton v. Wetmore

Citations

• 10 Pa. Super. 530
• 1899 Pa. Super. LEXIS 312

Syllabus

<p>Sale — Way-going crop — Landlord and tenant? — Estoppel.</p> <p>A vendee of a field of growing wheat is not obliged to take manual possession in order to maintain his title thereto; nor is such vendee es-topped in an action of trespass against a tenant who claims a half interest in said wheat under a peculiar lease, made subsequently to the sale to her, which gives the tenant a half interest in the way-going crop, nor as against a third party who claims ownership in the vendor’s alleged half interest under a constable’s sale, there being evidence that both defendants knew of plaintiff’s claim before the harvesting of the wheat.</p> <p>The case is properly for the jury on the question whether the plaintiff, after notice, stood silent pending the making of the lease with full knowledge of its terms, and permitted the constable’s sale to take place without notice of her claim.</p>