57 Pa. Super. 530 | Pa. Super. Ct. | 1914
Opinion by
The plaintiff purchased at sheriff’s sale the chairs and scenery curtains which are the subject of the replevin. They were used in a building erected by the Bessemer Amusement Company which maintained a “Nickolodeon” or theater and a billiard room in the premises. The building was erected by the amusement company on a leasehold acquired from Jesse McCune and wife by Israel Rosenbloom in 1907, and assigned by the latter to the amusement company. The chairs and curtains were of a general style in common use at that time in such places. The chairs were fastened to the floor in rows with screws. The property was sold
There is another consideration ,to be noted in the case which is that after the sale of the property to the plaintiff the landlord filed a claim for rent at the distribution of the proceeds of the sale and participated in the distribution. This was an acquiescence in the sale of the property and there can do no doubt that, with the consent of the landlord, property of a tenant which might otherwise be treated as a part of the realty may be severed and sold as personalty. The defendant has no better right than the landlord would have and the latter could not assert title to the property after having taken a share of the proceeds of the sale in satisfaction of a claim for rent. The defendant purchased with notice of the prior sale and was not misled to his prejudice. The case was well decided under the evidence.
The judgment is affirmed.