Barr & Daugherty v. Boyles
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county : Of October and November Term 1880, No. 130. Trespass de bonis asportatis by Joseph H. Boyles against William Barr and Robert Daugherty, for levying upon and selling, as constables, the machinery and fixtures of an oil well as the property of W. P. Floyd, which'property plaintiff claimed he had purchased from said Floyd.
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Error to the Court of Common Pleas of Armstrong county : Of October and November Term 1880, No. 130. Trespass de bonis asportatis by Joseph H. Boyles against William Barr and Robert Daugherty, for levying upon and selling, as constables, the machinery and fixtures of an oil well as the property of W. P. Floyd, which'property plaintiff claimed he had purchased from said Floyd. At the trial it appeared that Floyd was the lessee of a farm upon which was an oil well with certain machinery and fixtures. Under the terms of the lease Floyd had the right to remove, and on November 29th 1875 he sold…
1Opinion of the CourtJustice Mercur
This was an action of trespass for seizing and carrying away the machinery and fixtures of an oil well. They were on land leased for a term of years, with a right in the tenant to remove them therefrom. At a previous time they had been unquestionably owned by one Floyd. The plaintiffs in error were constables. They sought to justify the taking under and by virtue of executions against Floyd, to them severally directed. The defendant in error claimed to have purchased the property of Floyd, and to have taken possession thereof prior to any levy thereon. The validity, as against Flood’s…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Kingsbury v. LedyardSupreme Court of Pennsylvania · 1841
- Jackson ex dem. Ostrander v. RowanNew York Supreme Court · 1812
- Kerlin v. HeacockSupreme Court of Pennsylvania · 1810
3Cited by8 opinions
- Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
- Hunter Construction Co. v. LyonsSupreme Court of Pennsylvania · 1912
- Weller v. MeederSuperior Court of Pennsylvania · 1896
- Ford v. CampbellSuperior Court of Pennsylvania · 1912
- Rice v. BurnsSuperior Court of Pennsylvania · 1898
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