Smith v. Meldren
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: Of October and November Term, 1884, No. 196. This was an action of replevin by J. L. Meldren, Sr., administrator of J. L. Meldren, Jr., deceased, against G. M. Smith,Albert Smith, Jeremiah Smith and G. M. Smith & Son, to recover certain chattels in the possession of Jeremiah Smith, consisting of the fixtures and machinery of an oil well.
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Error to the Court of Common Pleas of Armstrong county: Of October and November Term, 1884, No. 196. This was an action of replevin by J. L. Meldren, Sr., administrator of J. L. Meldren, Jr., deceased, against G. M. Smith,Albert Smith, Jeremiah Smith and G. M. Smith & Son, to recover certain chattels in the possession of Jeremiah Smith, consisting of the fixtures and machinery of an oil well. Jeremiah Smith pleaded property in himself and non cepit, and the other defendants pleaded non cepit and property in Jeremiah Smith. ' On the trial, before BrediN, P. J., the following facts appeared:…
1Opinion of the CourtChief Justice Mercury
It may be conceded as a general rule, in case of a sale of chattels on execution, the sheriff should sell the articles separately or in parcels. This, however, rests on the assumption that the property would thereby produce a larger sum than if sold in a lump. Whenever in fact the sale is honest and fair, and the parties to the execution request it to be sold in the latter way, and no one desiring to bid asks to have it sold otherwise, the sale cannot be declared void. Due regard *352should be had to the character of the property, and the sale, if other creditors are interested, should be so made…
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- Colver v. W. B. Scarborough Co.California Court of Appeal · 1925
- Smith v. Snowden TownshipSupreme Court of Pennsylvania · 1943
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