Forrest v. Nelson Bros.
Supreme Court of Pennsylvania
Error to Court of Common Pleas No. 2, of Philadelphia County: Of January Term, 1884, No. 425. This was, in the court below, a feigned issue under the Sheriff’s Interpleader Act, in which John Forrest was plaintiff, and .Thomas S. Nelson et al., trading as Nelson Bro’s. & Co., were defendants to determine the ownership of certain looms, levied on by the sheriff, as the property of Chas.
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Error to Court of Common Pleas No. 2, of Philadelphia County: Of January Term, 1884, No. 425. This was, in the court below, a feigned issue under the Sheriff’s Interpleader Act, in which John Forrest was plaintiff, and .Thomas S. Nelson et al., trading as Nelson Bro’s. & Co., were defendants to determine the ownership of certain looms, levied on by the sheriff, as the property of Chas. Andrews, under an execution issued on a judgment confessed by him to Nelson Bro’s & Co., and also claimed by Forrest as bis property. ' On tbe trial, before Ffíl, J., the following facts appeared: In January,…
1Opinion of the CourtJustice Sterrett
By virtue of an execution issued by Nelson Bro’s. & Co. the sheriff levied on certain weaving looms which he found in the possession of J. Charles Andrews, the defendant in the writ. The property thus levied on having been claimed by John Forrest, this feigned issue, under the Sheriff’s Inter-pleader Act, was directed to determine whether, as against the execution creditors, Nelson Bro’s. & Co., the property belonged to the claimant or not. The burden of proving title in himself, at the date of the levy, was of course on Forrest, the plaintiff in the issue. He undertook to do this by showing…
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