Corbett v. Lewis
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of replevin by Samuel Lewis and William Nelson against Warfield W. Corbett, for twelve creek-rafts of boards, containing about 600,000 feet, valued at $18,000. The writ was issued April 8th 1865, and served the same day. The defendant gave a claim-property bond and retained the lumber, and pleaded property in himself.
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Error to the District Court of Allegheny county. This was an action of replevin by Samuel Lewis and William Nelson against Warfield W. Corbett, for twelve creek-rafts of boards, containing about 600,000 feet, valued at $18,000. The writ was issued April 8th 1865, and served the same day. The defendant gave a claim-property bond and retained the lumber, and pleaded property in himself. On the 28th of May 1863, the plaintiffs and defendant entered into the two following agreements under seal:— “ Memorandum, that W. W. Corbett has this day agreed, with Samuel Lewis and William Nelson, to…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The two agreements of 28th May 1863, which are to be taken together as constituting only one, define and regulate all the rights of the parties that are litigated in this suit. Beyond all doubt, Corbett acquired an equitable estate in the lands, mills, &c., to be perfected by a conveyance of the legal title to an undivided third of the premises at such time as he should have manufactured, in the manner provided, and delivered to Lewis & Nelson, boards and shingles sufficient to pay the cost of saw-mills and manufacturing. But, until…
2Cases cited1 opinion
- Lowther v. LawrenceOhio Supreme Court · 1833
3Cited by1 opinion
- Slade v. Louis Hornick Co.Appellate Terms of the Supreme Court of New York · 1947