McClure v. Forney
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Washington county: Of October and November Term, 1884, No. 86. This was an action of trespass, by Emma Forney against 11. I>. McClure and W. II. Johnston, to recover damages for the alleged illegal seizure by the defendants of a mare belonging to the plaintiff. Plea, not guilty.
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Error to the Court of Common Pleas of Washington county: Of October and November Term, 1884, No. 86. This was an action of trespass, by Emma Forney against 11. I>. McClure and W. II. Johnston, to recover damages for the alleged illegal seizure by the defendants of a mare belonging to the plaintiff. Plea, not guilty. On the trial, before Hart, P. J., the following facts appeared : Prior to the 1st of April, 1878, the mare in question was the property of Jonathan Forney, who was at that time indebted to It. B. McClure on a running account, upon which suit was brought and judgment obtained by…
1Opinion of the Court
The opinion of the court was filed November 3d, 1884.
2Per curiam
It was said in Crawford v. Davis, 8 Out. 576, “ in determining the kind of possession necessary to be given to the vendee to be good against the creditors of the vendor, regard must be had not only to the character of the property, hut also to the nature of the transaction, the position of the parties, and the intended use of the property. No such change of possession as will defeat the fair and honest object of the parties is required.” We reaffirm this as a correct statement of the law. The ruling of the court below is not in conflict…
3Cited by6 opinions
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- McCullough v. WilleySupreme Court of Pennsylvania · 1901
- Weller v. MeederSuperior Court of Pennsylvania · 1896
- Pressel v. Bice, Pennsylvania Court of Common Pleas, Blair County1891
- Drabant v. CureCourt of Appeals for the Third Circuit · 1918
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