Legal Opinion

Gill v. Weston

Supreme Court of Pennsylvania

Decided October 5, 1885No. 2PublishedCited by 19 opinions

Error to the Court of Common Pleas of Warren county: Of July Term 1885, No. 72. Trover and conversion, by W. W. Weston, A. Weston and O. Weston, doing business as Weston Brothers, against J. D. Gill, to recover damages for the conversion of an engine and belt claimed by the plaintiffs as mortgagees of the same in connection with a certain leasehold from one A. R. Curtis. This mortgage was that involved in the preceding case of Gill v. Weston,'in ejectment.

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Error to the Court of Common Pleas of Warren county: Of July Term 1885, No. 72. Trover and conversion, by W. W. Weston, A. Weston and O. Weston, doing business as Weston Brothers, against J. D. Gill, to recover damages for the conversion of an engine and belt claimed by the plaintiffs as mortgagees of the same in connection with a certain leasehold from one A. R. Curtis. This mortgage was that involved in the preceding case of Gill v. Weston,'in ejectment. Both cases arose upon the same facts, and were argued together. At the trial,before Brown, P. J., the plaintiffs proved under objection by…

1Opinion of the CourtJustice Sterrett

This contention involves the right of plaintiffs below to maintain trover and conversion for-an engine and belt removed from the leasehold premises by Curtis, the lessee, and subsequently appropriated by defendant below. The right to maintain the action is claimed by them as an incident of the leasehold mortgage which has been considered in writ of error to the judgment in ejectment between the same parties, No. 73 'of this' term. (Preceding case.) Some of the facts are common to both cases, and, so far as they have been stated in that case, it is unnecessary to repeat them here.

In November,…

2Cited by19 opinions

  1. Gas Products Co. v. RankinMontana Supreme Court · 1922
  2. Barker v. Campbell-Ratcliff Land Co.Supreme Court of Oklahoma · 1917
  3. Marshall v. MellonSupreme Court of Pennsylvania · 1897
  4. Luse v. BoatmanCourt of Appeals of Texas · 1919
  5. Rockwell v. Warren CountySupreme Court of Pennsylvania · 1910

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