Brotherline v. Swires
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Blair county. This was an action on the case by John Brotherline against James Swires and Anthony Swires, to recover damages for the trover and conversion of a portable steam saw-mill and some lumber, which the plaintiff had purchased at a judicial sale.
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Error to tbe Common Pleas of Blair county. This was an action on the case by John Brotherline against James Swires and Anthony Swires, to recover damages for the trover and conversion of a portable steam saw-mill and some lumber, which the plaintiff had purchased at a judicial sale. A judgment in ejectment had been recovered in the Circuit Court of the United States by Murray Hoffman against Anthony Swires and others, on which writs of habere facias and fieri facias for costs were issued. The marshal levied on the property above mentioned, which was withheld by the defendant. It appeared,…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
— The testimony that was given on the part of the defendants below, particularly that of Peter Hewitt, was sufficient to distinguish this case from that between the same parties reported in 5 Wright 135. In the former case, no evidence of a fraudulent sale was submitted, except that Brother-line, who acted as crier for Clark, the deputy marshal, became himself the purchaser at a price greatly below the value of the property. These' circumstances were held insufficient to avoid the sale. But on the last occasion it was in proof, in…
2Cases cited1 opinion
- Hogg v. WilkinsSupreme Court of Pennsylvania · 1854