Legal Opinion

Hill v. Leibig Manufacturing Co.

Superior Court of Pennsylvania

Decided January 18, 1897No. Appeal, No. 147Published

Appeal, No. 147, Nov. T., 1896, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1896, No. 82, on verdict for plaintiff. Interpleader on claim to property levied upon by sheriff.' Before Livingston, P. J. From the evidence it appeared that Eber E. Hilton, the defendant in the execution, and his wife, lived with his mother-in-law, the claimant in the inteipleader, on a farm.

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Appeal, No. 147, Nov. T., 1896, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1896, No. 82, on verdict for plaintiff. Interpleader on claim to property levied upon by sheriff.' Before Livingston, P. J. From the evidence it appeared that Eber E. Hilton, the defendant in the execution, and his wife, lived with his mother-in-law, the claimant in the inteipleader, on a farm. Of this farm Hilton owned sixty-one acres and Margaret C. Hill, the claimant, owned one hundred and seventy-one acres, with the buildings. Hilton farmed his mother-in-law’s farm on shares and was the owner of…

1Opinion of the Court

Opinion by

Beaver, J.,

In order to make a sale of personal property valid as against creditors of the vendor in Pennsylvania, there must enter into and proceed from the transaction, first, good faith — honesty of purpose; second, a valid and adequate consideration; third, an absolute and unconditional sale; fourth, actual, visible, manual delivery, or, in its absence, fifth, such a change of possession as the character of the property, the nature of the transaction, the position of the parties and the intended sale of the property make possible; sixth, continuous possession. All of these…

2Cases cited5 opinions

  1. Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
  2. Crawford v. DavisSupreme Court of Pennsylvania · 1882
  3. Evans v. ScottSupreme Court of Pennsylvania · 1879
  4. Weller v. MeederSuperior Court of Pennsylvania · 1896
  5. Brawn v. KellerSupreme Court of Pennsylvania · 1862

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