Browning v. Cover
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Fayette County: Of January Term, 1885, No. 208. Assumpsit, by John Cover against Frank T. Browning and Goldsboro M. Serpell, to recover one balf tbe amount received by defendants as tbe price of a certain portable saw mill sold by defendants as tbeir own property, and in wbicb plaintiff claimed a one balf interest. Pleas: Tbe general issue and tbe Statute of Limitations.
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Error to tbe Court of Common Pleas of Fayette County: Of January Term, 1885, No. 208. Assumpsit, by John Cover against Frank T. Browning and Goldsboro M. Serpell, to recover one balf tbe amount received by defendants as tbe price of a certain portable saw mill sold by defendants as tbeir own property, and in wbicb plaintiff claimed a one balf interest. Pleas: Tbe general issue and tbe Statute of Limitations. At tbe trial, before Inghram, P. J., tbe following facts appeared : John Cover (tbe defendant in error), Isaac Hurst, I. W. Butter, and one Sellers formed a partnership in 1871, and…
1Opinion of the CourtJustice Tbunkey
Hurst, Rutter, Sellers and John Cover purchased the portable saw mill in 1871, and engaged in the manufacture of lumber. Within the same year Sellers and Hurst sold their interests to George W. Cover, and early in 1872 Rutter sold his interest to John Cover, who, soon after, sold one half interest in the mill to Jacob Rist. On October-12th, 1872. Rist’s in*598terest in the mill and fixtures was sold at sheriff’s sale to John Cover. There is no evidence that after said purchase at sheriff’s sale John Cover and George W. Cover did business as partners; nor is there evidence that any debts existed…
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