McKeeby v. Webster

Citations

• 170 Pa. 624
• 32 A. 1096
• 1895 Pa. LEXIS 1443

Syllabus

<p>Landlord and tenant — Crops—Sheriff's sale — Judgment.</p> <p>Where a tenant has paid his rent in full before a sheriff’s sale of the leased premises, notwithstanding such sale was upon a judgment entered prior to the execution of the lease, he is entitled to all of the crops put in by him, as against the purchaser at sheriff’s sale and all claiming under such purchaser.</p> <p>A leased land to B for one year upon which C had a judgment lien; B let D sow ten acres of the land to rye upon shares, B to have one half the grain and straw. D sowed the ten acres to rye during the term of B’s lease. During the lease the land was sold at sheriff’s sale on execution issued upon C’s judgment. C bought the land at the sheriff’s sale and leased it to E, who took possession under his lease. D cut the rye after the expiration of B’s lease and took away one half of it; the other half was taken byE and claimed by him under his lease from C.</p> <p>Held, (1) That C by his purchase at sheriff’s sale took no interest in the-crop of rye put in by B, through his cropper, D, and consequently E obtained no interest in it by his lease. (2) B had title to the way-going crop by virtue of his lease from A, and therefore could maintain trespass against E for taking it away, while D, not having possession, could not have maintained such action.</p> <p>Appeals — Bail—Supersedeas—Practice, C. P. — Practice, S. C. — Execution.</p> <p>Where exceptions have been filed to bail entered on an appeal to the Supreme Court, and the appellant has failed, after ten days’ notice of the exceptions, to justify or enter new bail, as required by Eule 5 of the Supreme Court, he cannot claim a stay of execution, although he has subsequently entered proper bail.</p> <p>Execution — Fi.fa.—Alias fi. fa. — Abandonment of writ — Practice, C. P.</p> <p>Where a fi. fa. has been prematurely issued, and a rule granted to set it aside, the plaintiff may file of record a paper stating that the fi. fa. “ issued in the acti