Pier v. Duff
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 49, to October and November Term 1868. This was a feigned issue, under the Sheriff’s Interpleader Act, in which Samuel Duff was claimant and plaintiff and B. W. Pier defendant.
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Error to the Court of Common Pleas of Allegheny county: No. 49, to October and November Term 1868. This was a feigned issue, under the Sheriff’s Interpleader Act, in which Samuel Duff was claimant and plaintiff and B. W. Pier defendant. The issue was formed August 9th 1862. Pier, the defendant, having recovered a judgment against one John Lyon, issued an execution against him, under which the sheriff, on the 24th of July 1862, levied on three rafts of lumber lying in the Allegheny river. Duff claimed that the lumber belonged to him, under a sale from Lyon. Lyon, the defendant in the…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Sharswood, J. —
This was a feigned issue under the Sheriff’s Interpleader Act, to try the title to three rafts of lumber levied on as the property of John Lyon. Lyon owned the land on which the timber grew and the mill at which it was sawed. One-half of it belonged to Mong, the son-in-law of Lyon, for the consideration of his having manufactured it into hoards. They worked on the shares, and were therefore tenants in common of the product. According to Lyon’s testimony, he had agreed, before the timber was cut, that Duff should have…
2Cases cited3 opinions
- Irwin v. KeenSupreme Court of Pennsylvania · 1838
- M'Kee v. GilchristSupreme Court of Pennsylvania · 1834
- Coil v. DavisOhio Supreme Court · 1832
3Cited by3 opinions
- Penrose v. Coal Co.Supreme Court of Pennsylvania · 1927
- Farmers & Merchants Bank v. DonnellySupreme Court of Pennsylvania · 1915
- Reichert v. Shuscavage, Pennsylvania Court of Common Pleas, Luzerne County1950