Sinclair v. Healy
Supreme Court of Pennsylvania
Error to the Common Pleas of Pile county. This was an action of trespass, brought August 31st 1859, by Major Sinclair against'William C. Healy, sheriff of Elk county, to recover damages for levying on and selling two yoke of oxen under a writ of fieri facias, at the suit of Sattler & Bennett against Jerome Powell, John Cobb, and Rulof Rulofson.
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Error to the Common Pleas of Pile county. This was an action of trespass, brought August 31st 1859, by Major Sinclair against'William C. Healy, sheriff of Elk county, to recover damages for levying on and selling two yoke of oxen under a writ of fieri facias, at the suit of Sattler & Bennett against Jerome Powell, John Cobb, and Rulof Rulofson. The oxen in controversy were purchased by the plaintiff from Isaiah Cobb, at a place called Beach Bottom, about nine miles from Ridgeway, and paid for by a credit for their value on a promissory note which plaintiff held against said Cobb. They were…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
A bond fide purchaser of a chattel, for a valuable consideration, and without notice from a fraudulent vendee, takes a title clear of the fraud, whether it be actual or legal. The present case, as presented by the plaintiff in error’s paper-book, appears to come within this category, and the error of the court was in instructing the jury, upon only one branch of the proposition, that if the sale by the alleged fraudulent vendor to the *419alleged fraudulent vendee was fraudulent, then their verdict should be for the defendant, entirely ignoring…
2Cited by4 opinions
- Cancilla v. BondySupreme Court of Pennsylvania · 1945
- Levy v. CookeSupreme Court of Pennsylvania · 1891
- Handley Motor Co. v. WoodSupreme Court of North Carolina · 1953
- Handley Motor Co. v. WoodSupreme Court of North Carolina · 1953