M'Bride v. M'Clelland
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action of trover and conversion, by John M’Clelland against David M’Bride. The facts of this case were dependent entirely upon parol testimony, which was voluminous and contradictory. The substance of them was, that Andrew S. Joy, being the tenant of the plaintiff, sold to him certain articles of personal property, consisting of a horse, two cows, some sheep, hogs, &c., in payment of his rent.
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ERROR to the District Court of Allegheny county. This was an action of trover and conversion, by John M’Clelland against David M’Bride. The facts of this case were dependent entirely upon parol testimony, which was voluminous and contradictory. The substance of them was, that Andrew S. Joy, being the tenant of the plaintiff, sold to him certain articles of personal property, consisting of a horse, two cows, some sheep, hogs, &c., in payment of his rent. The property was removed to a neighbouring house, by the plaintiff, for safe-keeping; and in the course of the same day, and a few days…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The plaintiff claims title under a contract with Joy, his tenant, and the defendant under an execution against the same person, as whose property the goods were seized and sold, they being, at the time, in the actual possession of the former owner. To enable the plaintiff to recover, two things are necessary. He must prove a purchase of the articles from Joy, the former owner, and an actual bond fide delivery to the vendee; for, in order to make a transfer of personal property available against creditors or a subsequent assignee, it must be…
2Cases cited2 opinions
- Streeper v. EckartSupreme Court of Pennsylvania · 1837
- Young v. M'ClureSupreme Court of Pennsylvania · 1841
3Cited by5 opinions
- Linton v. ButzSupreme Court of Pennsylvania · 1847
- In re Pittsburgh Industrial Iron WorksDistrict Court, W.D. Pennsylvania · 1910
- Kendig v. BinkleySuperior Court of Pennsylvania · 1899
- Weller v. MeederSuperior Court of Pennsylvania · 1896
- Powers v. GreenIllinois Supreme Court · 1853