Thomas v. Butler
Superior Court of Pennsylvania
Appeal, No. 160, Oct. T., 1900, by-defendants, from judgment of O. P. Centre Co., Nov. T., 1897, No. 239, on verdict for plaintiff in case of Mary S. Thomas v. Thomas Butler and Burdine Butler. Sheriff’s interpleader to determine the ownership of personal property levied upon as the property of D. R. Thomas, and claimed by Mary S. Thomas, his wife.
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Appeal, No. 160, Oct. T., 1900, by-defendants, from judgment of O. P. Centre Co., Nov. T., 1897, No. 239, on verdict for plaintiff in case of Mary S. Thomas v. Thomas Butler and Burdine Butler. Sheriff’s interpleader to determine the ownership of personal property levied upon as the property of D. R. Thomas, and claimed by Mary S. Thomas, his wife. At the trial when D. R. Thomas was on the stand, the following offer was made: Counsel for the defendants proposed to prove by the witness on the stand declarations of his at or about the time of the alleged assignment of the personal property to…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was a sheriff’s interpleader issue between Maiy Thomas and an execution creditor of her husband. Her allegation was that she obtained title to a considerable portion of the property levied upon from her husband, he having transferred the same to her in discharge of a bona fide indebtedness due from him to her. He was called as the first witness in her behalf, and testified fully and in detail as to the transfer of the title to her and as to the consideration therefor. Upon cross-examination it was proposed to ask him whether he had not made certain declarations to…
2Cases cited5 opinions
- Appeal of GrimSupreme Court of Pennsylvania · 1884
- Miller v. BakerSupreme Court of Pennsylvania · 1894
- Paul v. KunzSupreme Court of Pennsylvania · 1898
- Powell's AppealSupreme Court of Pennsylvania · 1881
- Mowry's AppealSupreme Court of Pennsylvania · 1880
3Cited by2 opinions
- Bank of Pittsburgh v. Purcell Et Ux.Supreme Court of Pennsylvania · 1926
- Brungart v. ButlerSuperior Court of Pennsylvania · 1913