Ferguson v. Lauterstein
Supreme Court of Pennsylvania
Appeal, No. 336, Jan. T., 1894, by defendant, Isidore Lauterstein, from judgment of C. P. Schuylkill Co., Jan. T., 1890, No. 166, on verdict for plaintiff, P. J. Ferguson. Replevin to recover possession of furniture.
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Appeal, No. 336, Jan. T., 1894, by defendant, Isidore Lauterstein, from judgment of C. P. Schuylkill Co., Jan. T., 1890, No. 166, on verdict for plaintiff, P. J. Ferguson. Replevin to recover possession of furniture. Before Bechtel, J. At the trial, it appeared that, on Aug. 27,1887, plaintiff, who was the owner of the hotel building known as the Ferguson House in Shenandoah, purchased the outstanding lease of his tenant, O. B. Keiser, and at the same time purchased from him the entire furniture contained in the hotel, and necessary for the purposes of a hotel, plaintiff going from room to…
1Opinion of the Court
Opinion by
Mb.. Justice Gbeen,
In the case of Harlan v. Harlan, 15 Pa. 507, Mr. Justice Rogebs, delivering the opinion, said: “ It is well settled, as a *431general principle, that in Pennsylvania, replevin lies wherever one man claims goods in the possession of another and this whether the claimant has ever had possession or not and whether his property in the goods be absolute, or qualified, provided he has the right of possession.” In that case we held that a purchaser at sheriff’s sale, of a mill property, could maintain replevin for a piece of machinery, part of the freehold, but detached…
2Cases cited5 opinions
- Ferguson v. Rafferty, Pennsylvania Court of Common Pleas, Clearfield County1889
- Rowe v. SharpSupreme Court of Pennsylvania · 1865
- Harlan v. HarlanSupreme Court of Pennsylvania · 1851
- Crist v. KleberSupreme Court of Pennsylvania · 1875
- Miller v. Warden, Frew & Co.Supreme Court of Pennsylvania · 1886
3Cited by6 opinions
- Westinghouse Air Brake Co. v. HarrisSupreme Court of Pennsylvania · 1912
- Manegold v. QuinnSuperior Court of Pennsylvania · 1911
- Souders v. WilligSuperior Court of Pennsylvania · 1929
- Electric City Motors, Inc. v. RossSuperior Court of Pennsylvania · 1927
- Rickard v. MajorSupreme Court of Pennsylvania · 1907
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