Stephens v. Gifford
Supreme Court of Pennsylvania
APPEAL BX DEFENDANTS FROM THE COURT OF COMMON PLEAS OF ERIE COUNTX. No. 276 January Term, 1890, Sup. Ct.; court below, No. 170 November Term 1888, C. P. On November 12, 1888, an appeal was entered by the defendants from tbe judgment of the recorder of Erie city in favor of George Stephens against M. V. B. Gifford and Frank Williams, for $550 and costs.
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APPEAL BX DEFENDANTS FROM THE COURT OF COMMON PLEAS OF ERIE COUNTX. No. 276 January Term, 1890, Sup. Ct.; court below, No. 170 November Term 1888, C. P. On November 12, 1888, an appeal was entered by the defendants from tbe judgment of the recorder of Erie city in favor of George Stephens against M. V. B. Gifford and Frank Williams, for $550 and costs. The plaintiff having filed a statement of claim in trespass for the value of a pair of horses, wagon and harness, sold as the property of Frank Mulkie, by Gifford as sheriff, on an execution in favor of Williams, the defendants pleaded not…
1Opinion of the Court
Opinion,
Mr. Justice Williams:
The character of the argument in this case leads us to believe that in some portions of the state there is a tendency to regard the authority of the earlier cases relating to fraud in law in the sale of personal property as seriously impaired, and to treat such sales as valid, or not, according to the finding of a jury upon the existence of fraud in fact in the transaction. It may be well, therefore, to examine our cases, in order to make their effect and the present state of the law upon this subject clear.
The distinction between real and personal property is…
2Cases cited14 opinions
- Edwards v. StranghellanSupreme Court of Pennsylvania · 1884
- Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
- Bond v. BuntingSupreme Court of Pennsylvania · 1875
- Crawford v. DavisSupreme Court of Pennsylvania · 1882
- Streeper v. EckartSupreme Court of Pennsylvania · 1837
9 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- White v. GunnSupreme Court of Pennsylvania · 1903
- Poling v. FlanaganWest Virginia Supreme Court · 1895
- Shipler v. New Castle Paper Products Corp.Supreme Court of Pennsylvania · 1928
- Farquhar v. McAlevy, Pennsylvania Court of Common Pleas, Huntingdon County1891
- McKee, Tr. v. WardSupreme Court of Pennsylvania · 1927
28 more not listed; retrieve them via the Exa API.