Legal Opinion

Powell v. Smith

Supreme Court of Pennsylvania

Decided October 15, 1833PublishedCited by 19 opinions

ERROR to the common pleas of Butler county. Replevin. Andrew Smith, the defendant in error, had recovered in ejectment against the plaintiff in error, John Powell, a tract -The court below was of opinion that the property belonged to and passed with the realty, but inasmuch as the defendant had severed it, it was personal so far as regarded, him and the right to maintain this action. The plaintiff recovered.

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The principle which is to govern ihis case, was settled in Mather v. Trinity Church, 3 Serg. & Rawle 509; Baker v. Howel, 6 Serg. Rawle 476; and Brown v. Caldwell, 10 Serg. Rawle 114: in which it was determined, on principle and authority, that the right of property in a chaUd,_which h as become such by^y^ñ^YrQmTtEe7iüeEdI9¡]cEññptT^deterniinedSn,a transitory action by a trial of the title to the freehold, because the title to land might otherwise be tried out of the^ county. An action of trover or replevin for such a chattel therefore…

2Cases cited2 opinions

  1. Mather v. Ministers of Trinity ChurchSupreme Court of Pennsylvania · 1817
  2. Hylton v. BrownU.S. Circuit Court for the District of Pennsylvania · 1808

3Cited by19 opinions

  1. Cooper v. WatsonSupreme Court of Alabama · 1882
  2. Lieberman v. ClarkTennessee Supreme Court · 1904
  3. McGonigle v. AtchisonSupreme Court of Kansas · 1885
  4. Weaver v. LawrenceSupreme Court of the United States · 1785
  5. Lehigh Zinc & Iron Co. v. New Jersey Zinc & Iron Co.Supreme Court of New Jersey · 1893

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