Simpson v. Jack
Supreme Court of Pennsylvania
IN ERROR. Two actions of replevin for three hundred and five dozen sheaves of wheat and ninety dozen of rye, were brought in the Court of Common Pleas of Westmoreland county, for which this writ of error issued, by James Jack and Andrew Byers, plaintiffs below, and defendants in error, against Thomas R. Simpson and Michael Kimmell, which was consolidated and tried together, and a verdict and judgment rendered for the plaintiffs.
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IN ERROR. Two actions of replevin for three hundred and five dozen sheaves of wheat and ninety dozen of rye, were brought in the Court of Common Pleas of Westmoreland county, for which this writ of error issued, by James Jack and Andrew Byers, plaintiffs below, and defendants in error, against Thomas R. Simpson and Michael Kimmell, which was consolidated and tried together, and a verdict and judgment rendered for the plaintiffs. John Turner and wife obtained a judgment against Johsua Simpson, at May term, ISIS, in the Court of Common Pleas of Westmoreland county. A fieri facias was issued to…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
To show that the evidence was competent, it is necessary only to state the facts. The grain, which is the subject of this replevin, is the produce of land- which was purchased by the plaintiffs below, on a judgment against Joshua Simpson, and of which they obtained possession, by proceedings before two justices of the peace; to which proceedings the defendants were not party. The defendants offered to prove, that the title to this land was in Thomas Simpson, the father of Joshua; that Thomas leased the premises to Thomas E. Simpson, his…
2Cited by1 opinion
- Hale v. HenrieSupreme Court of Pennsylvania · 1834