Gibbs v. Neely
Supreme Court of Pennsylvania
ERROR to the common pleas of Bradford county. Replevin by Alexander Neely & Co. against Eli Gibbs for a yoke of oxen, a wagon, sled, logs, lumber, &c.: to which the defendant pleaded property in himself, &c.
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ERROR to the common pleas of Bradford county. Replevin by Alexander Neely & Co. against Eli Gibbs for a yoke of oxen, a wagon, sled, logs, lumber, &c.: to which the defendant pleaded property in himself, &c. The plaintiffs gave in evidence a judgment in their favour against Jesse Carman, entered 22d March 1834, for 200 dollars; also another against the same person for 183 dollars 75 cents, entered 22d April 1834; also writs of fieri facias upon each of these judgments, issued on the 15th and 18th December 1834, and which were levied on the 30th of January 1835 upon the property in dispute,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The plaintiffs in replevin claim title to the property by virtue of a purchase at a sheriff’s sale on executions issued on two judgments in their name against a certain Jesse Carman. The defendant, who was a subsequent execution creditor, denies the plaintiffs’title on three grou'nds: 1. That there was fraud and collusion between the plaintiffs and Carman to hinder, delay and defraud creditors; 2. That the judgments were paid ; and 3. That the property was sold on five days’ notice, without his consent.
To sustain the two first allegations,…
2Cases cited1 opinion
- Rogers v. HallSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Gibbs v. BartlettSupreme Court of Pennsylvania · 1841
- Mackinley v. M'GregorSupreme Court of Pennsylvania · 1838
- Confer v. McNealSupreme Court of Pennsylvania · 1873
- Pierce v. EvansSupreme Court of Pennsylvania · 1869
- Peterson v. SpeerSupreme Court of Pennsylvania · 1857