National Transit Co. v. Weston

Citations

• 121 Pa. 485
• 15 A. 569
• 1888 Pa. LEXIS 682

Syllabus

<p>1. A defendant in ejectment, who is in possession as a purchaser at a judicial sale of the land subject to the lien of a mortgage, is not es-topped from defending his title against a purchaser at a subsequent judicial sale for the mortgage debt.</p> <p>2. The true owner of land may not sustain trover for the value of oil, or other products of realty, produced and removed from the premises in the exercise of a colorable title, without fraud or force, by one in adverse possession.</p> <p>3. The act of May 15, 1871, P. L. 2G8, authorizing replevin for chattels severed from realty, though the title be iu disqnito, is limited to that form of action, and the only other proper remedy remaining to the owner is ejectment, and proceedings for mesne profits.</p> <p>4. Gill, the purchaser of an oil leasehold at judicial sale subject to a prior mortgage thereon to Weston, went into possession and produced and stored oil with a pipe-line company. Subsequently the leasehold was sold upon a judgment for the mortgage debt 1o Weston, who notified the company of his claim to tho oil. Afterwards the company redelivered the oil to Gill to whose credit it had been run. Weston then brought trover against the company for the value of the oil re-delivered to Gill, and the court entered judgment for the plaintiff, on the ground that Gill held under the title of the mortgagor who was estopped from denying the title he had vested in his mortgagee, wherefore Gill’s possession was not adverse: Held, to be error, and that the action would not lie: King v. Richards, 6 Wh. 418, distinguished.</p>