Henry & Co. v. Patterson
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 348, to January Term 1867. This was a feigned issue under the Sheriff’s Interpleader Act, ’in which Bobert Patterson was the plaintiff, and T. Charlton, Henry and Thomas Stillman, trading as Henry & Co., were the defendants. The property, the subject of the claim, had been sold by the sheriff as the property of Isaac B. Hughes.
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Error to the District Court of Philadelphia: No. 348, to January Term 1867. This was a feigned issue under the Sheriff’s Interpleader Act, ’in which Bobert Patterson was the plaintiff, and T. Charlton, Henry and Thomas Stillman, trading as Henry & Co., were the defendants. The property, the subject of the claim, had been sold by the sheriff as the property of Isaac B. Hughes. On the trial, before Sharswood, P. J., the plaintiff gave in evidence a judgment in his favor against Hughes, recovered April 21st 1866, for $6205.14; a fi. fa., — to which the sheriff returned, “ Levied upon the right,…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The true question in this case is, whether the rejection of the evidence offered by the defendants did them any substantial injustice. It did not, unless it would have divested the title of Patterson to the machinery under his purchase at sheriff’s sale, or would have avoided it as against the execution of a creditor who was a party to the paper stated in the offer. We do not perceive that this would have been its effect. Patterson had a valid and regular judgment and execution against Hughes, upon which he levied and sold the interest of…
2Cases cited3 opinions
- Johnston v. ThompsonSupreme Court of Pennsylvania · 1835
- Rhoads v. FrederickSupreme Court of Pennsylvania · 1839
- Zeibert v. GrewSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Hamilton v. BillingtonSupreme Court of Pennsylvania · 1894
- In re Naylor Mfg. Co.District Court, E.D. Pennsylvania · 1905
- Massey v. Del-Valley Corp.New Jersey Superior Court Appellate Division · 1957