Kendig v. Binkley
Superior Court of Pennsylvania
Appeal, No. 166, Oct. T., 1898, by defendant, from judgment of C. P. Lancaster Co., March T., 1890, No. 1, on verdict for plaintiffs. Opinion by W. D. Porter, J. Feigned issue. Before Brubaker, J. It appears from the evidence that the defendant in the feigned issue levied, inter alia, upon nine steers or fat cattle as the property of Asher Millhouse.
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Appeal, No. 166, Oct. T., 1898, by defendant, from judgment of C. P. Lancaster Co., March T., 1890, No. 1, on verdict for plaintiffs. Opinion by W. D. Porter, J. Feigned issue. Before Brubaker, J. It appears from the evidence that the defendant in the feigned issue levied, inter alia, upon nine steers or fat cattle as the property of Asher Millhouse. These cattle were claimed by Eli J. Kendig and Christian Kendig, administrators of Christian Ken-dig, deceased, as purchasers of said cattle from Millhouse. At the trial of the case below the court left the question to the jury as to whether the…
1Opinion of the Court
Opinion by
W. D. Pobtek, J.,
The defendant in this issue was plaintiff in a judgment entered on November 18, 1889, against Asher Millhouse and, on December 24, 1889, caused an execution to issue on said judgment and a levy to be made on nine head of cattle, among other property, found in possession of Millhouse. Kendig claimed the cattle, and this feigned issue was framed to try the ques*466tion of title. Kendig having died, his administrators were duly substituted as parties plaintiff. Upon the trial the following facts appeared in evidence and were undisputed: Millhouse was in possession, as a…
2Cases cited12 opinions
- McKibbin v. MartinSupreme Court of Pennsylvania · 1870
- Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
- Evans v. ScottSupreme Court of Pennsylvania · 1879
- Goddard, Hill & Co. v. Leopold Weil & Co.Supreme Court of Pennsylvania · 1895
- Young v. M'ClureSupreme Court of Pennsylvania · 1841
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bowersox v. Weigle & MyersSuperior Court of Pennsylvania · 1921
- Barnett v. CainSuperior Court of Pennsylvania · 1926
- In re American Knitting Co.District Court, M.D. Pennsylvania · 1938
- Bartlick v. JosenhansSuperior Court of Pennsylvania · 1905
- Davies v. OxenreiderSuperior Court of Pennsylvania · 1910
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