Kitchen v. McCloskey
Supreme Court of Pennsylvania
Appeal, No. 71, Jau. T., 1892, from judgment of C. P. Clearfield Co., May T., 1891, No. 400, on verdict for plaintiff. Trespass for sale by sheriff of two horses belonging to plaintiff as property of another.
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Appeal, No. 71, Jau. T., 1892, from judgment of C. P. Clearfield Co., May T., 1891, No. 400, on verdict for plaintiff. Trespass for sale by sheriff of two horses belonging to plaintiff as property of another. On the trial, before Krebs, P. J., the evidence was to the effect that Joseph R. Kitchen confessed a judgment for $286.40 to his brother, Andrew L. Kitchen, the plaintiff, before a justice of the peace and that an execution was forthwith issued and a constable’s sale had at which plaintiff bought in everything, including the two horses in question, one of which was sold for about $25 and…
1Opinion of the Court
Opinion by
Mb,. Justice Gbeen,
First and second assignments. There is no doubt that the transaction between Andrew L. Kitchen and Pennington after the levy, when Kitchen refunded to Pennington the money which Pennington had paid him for the horse, was a rescission of the sale of the horse by Kitchen to Pennington. As between them Kitchen thereby became entitled to the possession of the horse and also to the property in him. Pennington did not have the possession as the horse had been taken by the sheriff under his levy. When he accepted from Kitchen the monej' for the price of the horse, he no…
2Cases cited2 opinions
- Dixon v. White Sewing M. Co., Pennsylvania Court of Common Pleas, Cumberland County1889
- Creps v. DunhamSupreme Court of Pennsylvania · 1871
3Cited by6 opinions
- Joseph C. Baram v. Robert Farugia, Glenn S. Hackett and Dennis Fredella, Robert Farugia and Glenn S. HackettCourt of Appeals for the Third Circuit · 1979
- Mann v. SalsbergSuperior Court of Pennsylvania · 1901
- Smith v. KeenerSupreme Court of Pennsylvania · 1921
- Fry v. FlickSuperior Court of Pennsylvania · 1899
- Schwartz v. McCloskeySupreme Court of Pennsylvania · 1893
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