Rhoads v. Gordon
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Delaware county. This was a feigned issue under the Sheriff’s Interpleader Act, wherein Jane T. Rhoads was plaintiff and James Gordon defendant. Gordon, who was a judgment-creditor of Andrew Rhoads, the husband of Jane, sued out an execution and levied on the farm-stock and produce of a farm occupied by Rhoads and wife.
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Error to tbe Common Pleas of Delaware county. This was a feigned issue under the Sheriff’s Interpleader Act, wherein Jane T. Rhoads was plaintiff and James Gordon defendant. Gordon, who was a judgment-creditor of Andrew Rhoads, the husband of Jane, sued out an execution and levied on the farm-stock and produce of a farm occupied by Rhoads and wife. Mrs. Rhoads claimed the property levied on, and the provisions of the Sheriff’s Interpleader Act having been complied with and an issue properly framed, the cause was tried at June Term 1859. The farm was part of a larger tract of land of which…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— There is certainly no evidence on our paper-books to show that Mrs. Rhoads paid for the farm conveyed to her by her brother Joseph Edwards on the 11th May 1855, for the consideration of $5820; and if there had been, it was not shown that it was from the proceeds of it, that the personal property claimed by her was paid for. .She could not therefore, in the present state of the law, expect to maintain a title to the property levied on, without showing clearly that it was bought and paid for with her own money, not derived from her…
2Cited by7 opinions
- Taylor v. PaulSuperior Court of Pennsylvania · 1898
- Kauffman v. StengerSuperior Court of Pennsylvania · 1942
- Fine v. FineSupreme Court of Pennsylvania · 1951
- Hannum v. PownallSupreme Court of Pennsylvania · 1897
- Dura Seal Products Co. v. CarverSuperior Court of Pennsylvania · 1958
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