Boyle v. Rankin
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action of replevin to March Term 1851, by Thomas Rankin v. Robert Boyle and John P. Boyle, and was brought under the following circumstances.
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Error to the Common Pleas of Fayette county. This was an action of replevin to March Term 1851, by Thomas Rankin v. Robert Boyle and John P. Boyle, and was brought under the following circumstances. On a settlement between Robert and John P. Boyle and Thomas Rankin, on the 19th December, 1850, the said Robert and John P. Boyle were found to be indebted to Thomas Rankin to the amount of about $3488, for which the latter agreed to wait for one and two years, provided they gave him security for the payment of the same at that time. Robert and John P. Boyle had a store in Masontown, about twelve…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
It has long been settled in Pennsylvania that replevin lies wherever one man claims goods in the possession of another: Weaver v. Lawrence, 1 Dallas 157; Woods v. Nixon, Addison 134. And this whether the claimant has ever had possession or not, and whether his property in the goods be absolute or qualified, provided he has the right of possession: Harlan v. Harlan, 3 Harris 513.
That the assignment of the Boyles of the 19th December, 1850, passed their title in the goods and property mentioned, cannot be doubted without impeaching the…
2Cited by8 opinions
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- Automobile Banking Corp. v. WeichtSuperior Court of Pennsylvania · 1946
- Croft v. JenningsSupreme Court of Pennsylvania · 1896
- Clowes v. HughesSuperior Court of Pennsylvania · 1897
- C. v. Hill & Co. v. MarrinerSuperior Court of Pennsylvania · 1925
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