McKim v. Burke

Citations

• 57 Pa. Super. 530
• 1914 Pa. Super. LEXIS 230

Syllabus

<p>Landlord and tenant — Lease—Trade fixtures.</p> <p>Where a lease of unimproved land for a long term of years shows by its terms that a building was to be erected thereon, but there is no provision in the lease that the furniture or trade fixtures to be put in the building were to become the property of the lessor at the end of the lease, and it appears that a theater was erected on the land, and curtains were hung in the theater and chairs fastened to the floor in rows with screws, such curtains and chairs will become the property of a purchaser at sheriff’s sale on an execution against the lessee, and a subsequent purchaser of the leasehold right at a subsequent sheriff’s sale cannot claim them as a part of the leasehold; and this is all the more the case where it appears that the landlord filed a claim for rent after distribution of the proceeds of the sale of the curtains and chairs and participated in the distribution. The purchaser of the leasehold stood in the position of the landlord and had no better right than the latter to assert title to the property after the landlord had taken a share of the proceeds of the sale in satisfaction of a claim for rent.</p>