McInroy v. Dyer
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. This was an action of trespass vi et armis, brought by George B. Dyer against Hugh Mclnroy and R. S. Bailey, to recover damages from defendants for taking and carrying away certain mill machinery which plaintiff alleged belonged to him, consisting of carriage blocks and mill-dogs, pitmen and pitman irons, fender-posts and rods, saw-gate, and rag-wheel.
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Error to the Common Pleas of Tioga county. This was an action of trespass vi et armis, brought by George B. Dyer against Hugh Mclnroy and R. S. Bailey, to recover damages from defendants for taking and carrying away certain mill machinery which plaintiff alleged belonged to him, consisting of carriage blocks and mill-dogs, pitmen and pitman irons, fender-posts and rods, saw-gate, and rag-wheel. This machinery was levied on by R. S. Bailey as constable, April 25th 1859, by virtue of an execution issued upon a judgment in favour of B. T. Vanhorn for the use of Hugh Mclnroy, against Jennings &…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
We do not perceive that the witness, Lemuel Barnes, had any interest such as to disqualify him from testifying in behalf of the plaintiff. If the property levied upon and sold under the execution against Barnes and Jennings, was a part of the realty on the 29th day of May 1855, when the assignment of the mills, buildings, and improvements was made to Dyer, clearly there was no warranty of title, and therefore no interest. If the articles levied upon had been detached before the assignment, and had become personalty, they were not embraced in…
2Cases cited3 opinions
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- Curtis v. WardSupreme Court of Connecticut · 1850
- Clark v. HallockNew York Supreme Court · 1837
3Cited by4 opinions
- Field v. MunsterCourt of Appeals of Texas · 1895
- Pure Oil Co. v. TerrySupreme Court of Pennsylvania · 1904
- Mansfield v. BellSuperior Court of Pennsylvania · 1904
- Reger v. Manhattan Brass Co.Superior Court of Pennsylvania · 1898