Barr v. Reitz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county. This was an action of trespass, commenced May 27th 1865, by Andrew Barr against M. W. Reitz, who was sheriff, for seizing and selling under an execution against one Brown goods claimed by Barr. Brown occupied a house of Darrah’s; he had leased it for a year, — which expired April 1st 1865, — and held over without any further contract.
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Error to the Court of Common Pleas of Jefferson county. This was an action of trespass, commenced May 27th 1865, by Andrew Barr against M. W. Reitz, who was sheriff, for seizing and selling under an execution against one Brown goods claimed by Barr. Brown occupied a house of Darrah’s; he had leased it for a year, — which expired April 1st 1865, — and held over without any further contract. On the 3d of May, he sold his personal property to Barr by bill of sale ; part of the consideration was a debt due to Barr for labor, the remainder was paid in money. All the property was in the house,…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
It is settled law that a voluntary sale of chattels must be accompanied by an actual change of possession, and the possession must continue in the purchaser. A temporary change and early return of the property into the hands of the vendor leaves it still exposed to the executions of creditors. A merely formal or constructive delivery will not defeat an execution. When such delivery does not attend the sale it is fraudulent per se, and the court is bound to tell the jury so.
The burden of proving the delivery lies on the purchaser, who must…
2Cases cited1 opinion
- Hoofsmith v. CopeSupreme Court of Pennsylvania · 1841
3Cited by8 opinions
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- Bowersox v. Weigle & MyersSuperior Court of Pennsylvania · 1921
- Patterson Co. v. Peoples Loan & Savings Co.Supreme Court of Georgia · 1924
- Butterfield v. WoodmanDistrict Court, D. Maine · 1914
- Janney v. HowardSupreme Court of Pennsylvania · 1892
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