Rush v. Vought
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county. This was a feigned issue, under the Sheriff’s Interpleader Act, to February Term 1867, to try the right to certain personal property levied upon by the sheriff under sundry executions as the property of Jacob Rush. Ruth Rush, the wife of Jacob Rush, was the claimant and was made plaintiff in the issue, and Simon Nought and others, execution-creditors, were made defendants.
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Error to the Court of Common Pleas of Somerset county. This was a feigned issue, under the Sheriff’s Interpleader Act, to February Term 1867, to try the right to certain personal property levied upon by the sheriff under sundry executions as the property of Jacob Rush. Ruth Rush, the wife of Jacob Rush, was the claimant and was made plaintiff in the issue, and Simon Nought and others, execution-creditors, were made defendants. On the 29th of December 1840, Catharine Ogg, for good causes and considerations, “ and especially for and in consideration of the natural love and affection I have for,…
1Opinion of the Court
The opinion of the court was delivered, November 4th 1867, by
Agnew, J.
— The court below seems to have fallen into several errors in this case.
The question on trial in the feigned issue was, whether the right of property in certain goods and chattels levied in execution, or any of them, was in Mrs. Rush. The court thought that, if she failed to establish her title to all of the numerous items in the sheriff’s levy, a verdict must pass against her. This is hard law, and is not correct. Whatever weight an unfounded claim to a part might have with a jury, the law does not adopt it as conclusive…
2Cases cited3 opinions
- Holdship v. PattersonSupreme Court of Pennsylvania · 1838
- M'Cullough v. PorterSupreme Court of Pennsylvania · 1842
- Gazzam v. Ohio InsuranceOhio Supreme Court · 1833
3Cited by5 opinions
- Logan's EstateSuperior Court of Pennsylvania · 1920
- Phillips v. HallSupreme Court of Pennsylvania · 1894
- Tate v. CarneySupreme Court of Pennsylvania · 1888
- Gontarski v. GrzybSuperior Court of Pennsylvania · 1942
- Shive v. FinnSupreme Court of Pennsylvania · 1890