Bell v. McCloskey
Supreme Court of Pennsylvania
Appeal, No. 119, Jan. T., 1893, by defendant, Edgar L. McCloskey, sheriff, from judgment of C. P. Clearfield Co., Dec. T., 1891, No. 119, on verdict for plaintiff, S. H. W. Bell. Trespass for wrongful levy and sale by sheriff. At the trial, before Krebs,- P. J., it appeared that the plaintiff sold to John Price a leasehold interest in a dairy farm and also a herd of twenty-four cows, one bull, two horses and various farm implements.
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Appeal, No. 119, Jan. T., 1893, by defendant, Edgar L. McCloskey, sheriff, from judgment of C. P. Clearfield Co., Dec. T., 1891, No. 119, on verdict for plaintiff, S. H. W. Bell. Trespass for wrongful levy and sale by sheriff. At the trial, before Krebs,- P. J., it appeared that the plaintiff sold to John Price a leasehold interest in a dairy farm and also a herd of twenty-four cows, one bull, two horses and various farm implements. Price gave his notes in payment, but it was subsequently found that he could not pay the notes, and he accordingly surrendered them to plaintiff, and a bill of…
1Opinion of the Court
Per, Curiam,
All that can be profitably said in this case will be found in the opinion of the learned president of the common pleas on plaintiff’s motion for judgment on the verdict.
The case was carefully and correctly tried and we find nothing in the record that requires a reversal of the judgment. The verdict, by necessary implication, completely negatives anything like fraud in fact. In the circumstances of the case it would have been error to have held that the transaction was a fraud in law. The law does not require such an absolute change of possession as would defeat the fair and honest…
2Cited by8 opinions
- Kendig v. BinkleySuperior Court of Pennsylvania · 1899
- Weller v. MeederSuperior Court of Pennsylvania · 1896
- McCullough v. WilleySupreme Court of Pennsylvania · 1899
- Davies v. OxenreiderSuperior Court of Pennsylvania · 1910
- Gattle Bros. v. KrempSuperior Court of Pennsylvania · 1898
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