Heffner v. Sharp
Superior Court of Pennsylvania
Appeal, No. 159, Nov. T., 1896, by plaintiff, from judgment of C. P. Berks Co., March T., 1896, No. 6, on verdict for defendant. Replevin for goods distrained for arrears of dower. Lucy Heffner, widow of Daniel Heffner, (subsequently intermarried with one Schearer) distrained through the defendant constable, John M. Sharp, for arrears of dower alleged to be due her on an estate of which her son, Franklin D. Heffner, was seized.
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Appeal, No. 159, Nov. T., 1896, by plaintiff, from judgment of C. P. Berks Co., March T., 1896, No. 6, on verdict for defendant. Replevin for goods distrained for arrears of dower. Lucy Heffner, widow of Daniel Heffner, (subsequently intermarried with one Schearer) distrained through the defendant constable, John M. Sharp, for arrears of dower alleged to be due her on an estate of which her son, Franklin D. Heffner, was seized. The son Heffner replevied and made offers of evidence tending to show that by his inadvertence and mistake, if corrected, in a certain adjustment and settlement made…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of replevin. The defendant admitted and justified the taking of the goods under a distress' warrant issued by Lucy Schearer for the collection of the interest or arrears of dower due to her for the years 1892 and 1893. The plaintiff pleaded “payment ” and “ no interest due andin arrears.”
It appears by the pleadings and evidence that in proceedings in partition in the estate of Dan’l Heffner, deceased, a purpart was adjudged to, and accepted by, Franklin D. Heffner, the plaintiff in this action. On March 31, 1888, he entered into recognizance to pay…
2Cases cited1 opinion
- Weber v. RorerSupreme Court of Pennsylvania · 1892
3Cited by1 opinion
- Doyle v. LongstrethSuperior Court of Pennsylvania · 1898