Stewart & Co. v. Wilson
Supreme Court of Pennsylvania
Error to the Common Pleas of Susquehanna county. This was a feigned issue under the Sheriff’s Interpleader Act, in which D. Stewart, E. Noble, O. F. Ingram, and S. Sweet, partners doing business as D. Stewart & Co., were plaintiffs, and M. S. Wilson, W. C. Ward, L. R. & D. Searle, W. & W. II. Jessup, W. M. & J. A. Post, A. Chamberlain, A. Bacon, II. D. Pinney, L. Wartrous, and H. J. Webb, were defendants.
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Error to the Common Pleas of Susquehanna county. This was a feigned issue under the Sheriff’s Interpleader Act, in which D. Stewart, E. Noble, O. F. Ingram, and S. Sweet, partners doing business as D. Stewart & Co., were plaintiffs, and M. S. Wilson, W. C. Ward, L. R. & D. Searle, W. & W. II. Jessup, W. M. & J. A. Post, A. Chamberlain, A. Bacon, II. D. Pinney, L. Wartrous, and H. J. Webb, were defendants. The material facts of the case were as follows: — Some time prior to 7th of May 1861, Post Brothers, of which firm A. L. Post was a member, under an arrangement with Ingram & Smith, erected…
1Opinion of the Court
The opinion of the court was delivered, April 21st 1862, by
Read, J.
The lease in this case, although dated the 7th May 1861, was not to commence until the 1st of July following, and at the time the fi. fa. was placed in the hands of the sheriff, there were no foundations laid for the boilers, which were simply lying on the ground, entirely unconnected with any part of the paper-mill, having been brought there since the execution of the lease. The boilers were therefore clearly personal property, belonging to A. L. Post, who, according to his own testimony, had previously conveyed his life…
2Cited by2 opinions
- First National Bank of Chicago v. W. J. Hartzell Co.Superior Court of Pennsylvania · 1913
- Leach v. AlexanderSuperior Court of Pennsylvania · 1900