Legal Opinion

Young v. M'Clure

Supreme Court of Pennsylvania

Decided September 15, 1841PublishedCited by 11 opinions

ERROR to the Common Pleas of Mercer county. This was an action of trespass de bonis asportatis before a justice of the peace, by John M’Clure against John T. Young, to recover damages for taking and selling a yoke of oxen, the property of the plaintiff. An appeal was taken to the court below.

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ERROR to the Common Pleas of Mercer county. This was an action of trespass de bonis asportatis before a justice of the peace, by John M’Clure against John T. Young, to recover damages for taking and selling a yoke of oxen, the property of the plaintiff. An appeal was taken to the court below. The plaintiff proved by Robert Pettigrew that in January 1840, he was in Clarksville, and had with him his yoke of cattle; that he sold them to the plaintiff for $45, for which sum the plaintiff Igave him credit on his books; and that he delivered the cattle to the plaintiff. About an hour after the…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The oxen being found in the possession of Pettigrew, when they were levied on and sold under the execution of the Guthries, the title to them was prima facie in the officer’s vendee. It was therefore incumbent on M’CIure, who claims by a previous transfer to him from Pettigrew, against the sale by execution, to show that the possession of the oxen accompanied and followed the transfer to him. It is not sufficient that the assignor gives to the assignee a delivery which may be symbolical or constructive, or as here a temporary delivery, and…

2Cases cited4 opinions

  1. Hamilton v. RussellSupreme Court of the United States · 1803
  2. Clow v. WoodsSupreme Court of Pennsylvania · 1819
  3. Carpenter v. MayerSupreme Court of Pennsylvania · 1836
  4. Dornick v. ReichenbackSupreme Court of Pennsylvania · 1823

3Cited by11 opinions

  1. Stephens v. GiffordSupreme Court of Pennsylvania · 1890
  2. McKibbin v. MartinSupreme Court of Pennsylvania · 1870
  3. Bowersox v. Weigle & MyersSuperior Court of Pennsylvania · 1921
  4. In re Pittsburgh Industrial Iron WorksDistrict Court, W.D. Pennsylvania · 1910
  5. Kendig v. BinkleySuperior Court of Pennsylvania · 1899

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