Brawn v. Keller
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Clinton county. This was an action of replevin, brought March 12th 1861, by Reuben S. Brawn against Peter W. Keller, for a bay mare and carriage of the value of §175. The mare and' carriage in controversy were taken in execution as the property of William L. Hawkins, at the suit of' Harvey, Best & Co., and sold by the sheriff to Keller, the defendant.
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Error to tbe Common Pleas of Clinton county. This was an action of replevin, brought March 12th 1861, by Reuben S. Brawn against Peter W. Keller, for a bay mare and carriage of the value of §175. The mare and' carriage in controversy were taken in execution as the property of William L. Hawkins, at the suit of' Harvey, Best & Co., and sold by the sheriff to Keller, the defendant. On the trial, the plaintiff, Brawn, proved the following facts:— In the spring of 1860, Hawkins was indebted to him in the sum of $604.25, for which he held a note against him. In the winter of 1860, Hawkins became…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
In this state, ever since the case of Clow v.- Woods, 5 S. & R. 245, it has been held that a voluntary sale of personal property, unaccompanied by an actual delivery of the possession to the vendee, is fraudulent and void as against creditors. This was the doctrine of Edwards v. Harben, 2 Term 587, and it is too well founded in reason ever to be shaken. The delivery which the law requires must be actual. A symbolical or a merely formal delivery will not answer: Babb v. Clemson, 10 S. & R. 419. Concurrent possession by the vendor and vendee…
2Cases cited1 opinion
- Hoffner v. ClarkSupreme Court of Pennsylvania · 1840
3Cited by2 opinions
- Hill v. Leibig Manufacturing Co.Superior Court of Pennsylvania · 1897
- Weller v. MeederSuperior Court of Pennsylvania · 1896