Evans v. Scott
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1876, No. 103. Feigned issue to try the ownership of certain household goods and furniture levied upon by Alexander Scott, as the property of' David Evans, and claimed by Henry W. Evans. The facts are stated in the opinion of this court.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1876, No. 103. Feigned issue to try the ownership of certain household goods and furniture levied upon by Alexander Scott, as the property of' David Evans, and claimed by Henry W. Evans. The facts are stated in the opinion of this court. The case was t?ded before Allison, P. J., March 21st 1876. The ease should have been left to the jury to determine whether there had been such a transfer of possession as the property was capable of: Sheldon v. Sharpless, 33 Leg. Int. 109; Seeds v. Kabler, 26 P. F. Smith 262;…
1Opinion of the CourtJustice Paxson
This was a feigned issue to test the ownership of certain household goods and furniture levied upon by the defendant in error, as the property of David Evans, and claimed by Henry W. Evans, the plaintiff in error, as belonging to him. There was no allegation of a fraud in fact, but the learned court below instructed the jury that as to a portion of the property levied upon, viz.: the carpets, there was a fraud in law, and directed a verdict for the defendant as to f
3 essential facts upon which the learned judge based his rulings are as follows: The plaintiff, Henry W. E.vans, and the…
2Cases cited1 opinion
- Hoffner v. ClarkSupreme Court of Pennsylvania · 1840
3Cited by13 opinions
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
- Garretson v. Hackenberg, Pennsylvania Court of Common Pleas, Potter County1891
- McGuire v. JamesSupreme Court of Pennsylvania · 1891
- Kendig v. BinkleySuperior Court of Pennsylvania · 1899
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