Werley v. Dunn
Superior Court of Pennsylvania
Appeal, No. 202, Oct. T., 1913, by plaintiff, from order of C. P. Schuylkill Co., July Term, 1913, No. 171, refusing to take off nonsuit in case of K. D. Werley v. Weston Dunn. Replevin for two mules. Before Brumm, J. From the record it appeared that plaintiff early in November, 1911, sold the two mules in question and two brown horses to M. A. Rarick for $430. Two hundred and thirty was to be paid in notes, and $200 in cash.
Read the full summary
Appeal, No. 202, Oct. T., 1913, by plaintiff, from order of C. P. Schuylkill Co., July Term, 1913, No. 171, refusing to take off nonsuit in case of K. D. Werley v. Weston Dunn. Replevin for two mules. Before Brumm, J. From the record it appeared that plaintiff early in November, 1911, sold the two mules in question and two brown horses to M. A. Rarick for $430. Two hundred and thirty was to be paid in notes, and $200 in cash. Plaintiff accepted from Rarick two checks one for $150 and one for $50.00, but these were not paid because of no funds in bank. ' Plaintiff insisted upon a return of the…
1Opinion of the Court
Opinion by
Henderson, J.,
No opinion was filed by the learned trial judge when discharging the rule to take off the nonsuit. From the arguments filed we may infer that it was because the property for which the replevin was issued belonged to M. A. Rarick before the execution of the lease on November 10, 1911, and that as possession was not taken by the plaintiff at any time after that date the defendant without notice of the plaintiff’s interest in the mules, was an innocent purchaser, and acquired a good title as against the plaintiff. Another position contended for by the defendant is that…
2Cases cited15 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Espy v. Bank of CincinnatiSupreme Court of the United States · 1874
- Edwards v. StranghellanSupreme Court of Pennsylvania · 1884
- Farquhar v. McAlevy, Pennsylvania Court of Common Pleas, Huntingdon County1891
- Miller Piano Co. v. ParkerSupreme Court of Pennsylvania · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Leitch v. Sanford Motor Truck Co.Supreme Court of Pennsylvania · 1924
- MacKay v. Benjamin Franklin R. & H. Co.Supreme Court of Pennsylvania · 1926
- Handley Motor Co. v. WoodSupreme Court of North Carolina · 1953
- Hayden v. McMillanSuperior Court of Pennsylvania · 1922
- Kindig v. Wertz, Admx.Superior Court of Pennsylvania · 1934
4 more not listed; retrieve them via the Exa API.