Hilton v. Liebig Manufacturing Co.
Superior Court of Pennsylvania
Appeal, No. 87, Oct. T., 1914, by plaintiff, from judgment of C. P. Lancaster Co., Oct. T., 1913, No. 45, on verdict for defendant in case of A. Belle Hilton v. The Liebig Manufacturing Company. Sheriff’s interpleader to determine the ownership of certain personal property levied upon as the property of Eber E. Hilton, husband of A. Belle Hilton, plaintiff.
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Appeal, No. 87, Oct. T., 1914, by plaintiff, from judgment of C. P. Lancaster Co., Oct. T., 1913, No. 45, on verdict for defendant in case of A. Belle Hilton v. The Liebig Manufacturing Company. Sheriff’s interpleader to determine the ownership of certain personal property levied upon as the property of Eber E. Hilton, husband of A. Belle Hilton, plaintiff. Before Hassler, J. At the trial the plaintiff produced evidence tending to show that the property was hers, and that she had acquired it during coverture from the proceeds of estates which she had inherited from her relatives. Verdict and…
1Opinion of the Court
Opinion by
Orlady, J.,
On the trial 'of an interpleader issue the defendant (execution creditor) submitted a point as follows: “2. In a sheriff’s interpleader where the wife of the defendant in the execution claims the goods which are in the apparent possession of the husband, and alleges the husband’s position to have been that of her agent or employee, the law will not presume the existence of her separate estate, but she must prove, her title by evidence which does not admit of a reasonable doubt, which was affirmed without qualification.”
This was a more severe test than is required by the…
2Cases cited3 opinions
- Taylor v. PaulSuperior Court of Pennsylvania · 1898
- Heiges v. PiferSupreme Court of Pennsylvania · 1909
- Rhinesmith's CaseSuperior Court of Pennsylvania · 1904
3Cited by4 opinions
- Marko v. MendelowskiSupreme Court of Pennsylvania · 1933
- Grandison v. GreggSuperior Court of Pennsylvania · 1916
- Borger v. Jones, Pennsylvania Court of Common Pleas, Lehigh County1922
- Secretary of Banking v. Promislo, Pennsylvania Court of Common Pleas, Philadelphia County1941