Graham & Mellor v. McCreary
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an action of trespass brought to March Term 1860, by Margery McCreary against James L. Graham, sheriff of Allegheny county, and John H. Mellor, for selling, under a ji. fa., at the suit of said Mellor, a piano, as the property of Dr. William G. McCreary.
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Error to the Common Pleas of Allegheny county. This was an action of trespass brought to March Term 1860, by Margery McCreary against James L. Graham, sheriff of Allegheny county, and John H. Mellor, for selling, under a ji. fa., at the suit of said Mellor, a piano, as the property of Dr. William G. McCreary. In 1855 Dr. McCreary purchased the piano in question from Mellor, and took it to New Brighton, Beaver county, where he was engaged in teaching a female seminary, residing with his family in the house, which had been rented and furnished by his mother. From his mother he borrowed, while…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
If the contest in this case had turned on the question of title in the witness when he sold the piano, the objection to his competency would have been quite another thing, and *519might have been successful: Greenl. Ev., vol. 1, §§ 397-98; 2 Phillips 894; 1 Harris 111. But this was not the point in con test. Both parties claimed through him, and thus affirmed his title. He was not called, therefore, to support his title ; but to prove a sale of the property, a fact necessary to the plaintiff, and which the defendants denied. They did not rely…
2Cases cited1 opinion
- Miller v. FitchSupreme Court of Pennsylvania · 1844