Harlan v. Harlan
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. This was an action of replevin, issued by Josiah Harlan v. Anne, Mary, and Edward Harlan, for two articles of machinery for a woollen and cotton factory, viz., a picker, valued at $150, and a speeder, valued at $90. The plea was, that the picker was the property of Louis Lagarenne, and the speeder the property of Ziba Pyle, assignee of Mary Harlan. Replication, averring the right of property to be in the plaintiff.
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Error to the Common Pleas of Chester county. This was an action of replevin, issued by Josiah Harlan v. Anne, Mary, and Edward Harlan, for two articles of machinery for a woollen and cotton factory, viz., a picker, valued at $150, and a speeder, valued at $90. The plea was, that the picker was the property of Louis Lagarenne, and the speeder the property of Ziba Pyle, assignee of Mary Harlan. Replication, averring the right of property to be in the plaintiff. The case was up before: see 3 Harris 507, &c., for a report of it. In 1843, Mary Harlan was the owner of the (Bienville factory, in…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
One of the errors assigned here is to the admission of a witness who was objected to on this ground: that his deceased father, whose executor and residuary legatee he was, had been the assignee (for creditors) 'of a party under whom the defendant claimed the property, and had sold it with the assent of the plaintiff, and paid him the proceeds. The witness himself was not a party to this record. He could only be excluded by showing that he had a direct interest in it. But no such thing appears. He could not succeed to the property or to the…
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