Thomas v. Butler
Superior Court of Pennsylvania
Appeal, No. 94, Oct. T., 1901, by defendants, from judgment of C. P. Centre Co., Nov. T., 1897, No. 239£, on verdict for plaintiff in case of Mary S. Thomas v. Burdine Butler and Thomas Butler. Feigned issue to determine title to personal property sold as the property of a husband, but claimed b3r his wife under a bill of sale from her husband, to herself.
Read the full summary
Appeal, No. 94, Oct. T., 1901, by defendants, from judgment of C. P. Centre Co., Nov. T., 1897, No. 239£, on verdict for plaintiff in case of Mary S. Thomas v. Burdine Butler and Thomas Butler. Feigned issue to determine title to personal property sold as the property of a husband, but claimed b3r his wife under a bill of sale from her husband, to herself. Before Love, P. J. At the trial defendant made the following offer: Counsel for defendants offer to prove b3r Burdine Butler, Dr. Thomas Tobin and other witnesses the declarations of D. R. Thomas, the husband of the plaintiff and the maker…
1Opinion of the Court
Opinion by
Rice, P. J.,
When this case was here before (16 Pa. Superior Ct. 288) we held, reversing the court below, (1) that on the trial of a sheriff’s interpleader to determine the ownership of chattels levied upon as the property of a husband, but claimed by his wife, the husband, who had testified in his wife’s behalf as to the transfer of the title from him to her and as to the consideration therefor, ' might be required on cross-examination to answer whether he had not made certain declarations to third parties,-naming them, at or about the time of the alleged transfer, concerning his…
2Cases cited5 opinions
- Miller v. BakerSupreme Court of Pennsylvania · 1894
- Souder v. SchechterlySupreme Court of Pennsylvania · 1879
- Martin v. RuttSupreme Court of Pennsylvania · 1889
- Paul v. KunzSupreme Court of Pennsylvania · 1898
- Slaymaker v. St JohnSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- Bank of Pittsburgh v. Purcell Et Ux.Supreme Court of Pennsylvania · 1926
- Brungart v. ButlerSuperior Court of Pennsylvania · 1913