Waverly Coal & Coke Co. v. McKennan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland County: Of October and November Term 1885, No. 159. This was, in the court below, a feigned issue under the Sheriff’s Interpleader Act to try the title to certain railroad coal cars, wherein the claimant, the Waverly Coal and Coke Company, was plaintiff, and the execution plaintiff, John D. McKennan, trustee, was defendant.
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Error to the Court of Common Pleas of Westmoreland County: Of October and November Term 1885, No. 159. This was, in the court below, a feigned issue under the Sheriff’s Interpleader Act to try the title to certain railroad coal cars, wherein the claimant, the Waverly Coal and Coke Company, was plaintiff, and the execution plaintiff, John D. McKennan, trustee, was defendant. On the trial, before Hunter, P. J., the following facts appeared: John D. McKennan, trustee, obtained a judgment iu Allegheny county against B. F. Rafferty and B. F. Rafferty & Co. and issued an attachment execution…
1Opinion of the CourtJustice Trtinkey
The plaintiff notified the sheriff that it had possession of thirty coal cars of the execution defendants, held as collateral security for a debt of 83,600, and would hold him liable as a trespasser if he levied on and sold the cars before payment of said debt. This was the only notice of claim, though the levy included seventy-six ears. The sheriff’s petition for an inter-pleader refers to an inventory annexed, and as the inventory lias not been printed, it will be presumed it was of the cars mentioned in the notice, and that the order awarding an issue was to determine the validity of the…
2Cases cited1 opinion
- Srodes v. CavenSupreme Court of Pennsylvania · 1834
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