Burnside v. Weightman

Supreme Court of Pennsylvania

Burnside v. Weightman

9 Watts 46

DecidedSeptember 15, 1839

StatusPublished

This text of 9 Watts 46 (Burnside v. Weightman) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burnside v. Weightman, 9 Watts 46 (Pa. 1839).

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Opinion

Per Curiam:

This 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.

Judgment reversed, and a -venire de novo awarded.

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Per Curiam:

This 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.

Judgment reversed, and a -venire de novo awarded.

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Bluebook (online)

9 Watts 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnside-v-weightman-pa-1839.

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