Legal Opinion

Backentoss v. Speicher

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 7 opinions

Error to the Common Pleas of Berks county. This was an action of replevin by John H. Backentoss against Henry Speicher and Mary his wife, for the recovery of certain horses, wagons, goods, &c. The defendants pleaded property. The defendants made a voluntary assignment to the plaintiff in trust for the benefit of the creditors of Henry Speicher. This included the' goods in question in this suit; which were suffered to remain in the possession of the assignors.

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Error to the Common Pleas of Berks county. This was an action of replevin by John H. Backentoss against Henry Speicher and Mary his wife, for the recovery of certain horses, wagons, goods, &c. The defendants pleaded property. The defendants made a voluntary assignment to the plaintiff in trust for the benefit of the creditors of Henry Speicher. This included the' goods in question in this suit; which were suffered to remain in the possession of the assignors. On the 9th February 1855, the plaintiff made a public sale of the personal property thus assigned to him. One of the conditions of sale…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

The assignment vested the legal title to the

goods in Backentoss, and he might have reduced them into possession, but did not. He left them in possession of the defendants, and when he sold to Mrs. Speicher, he permitted them to unite the legal title with the actual possession. I say the legal title, for, although the sale was made on a condition precedent, which was not complied with, and the title would not have vested, *326had the condition been insisted on, yet it is manifest the condition was waived, and the title permitted to vest.

The…

2Cited by7 opinions

  1. Frech v. LewisSupreme Court of Pennsylvania · 1907
  2. Cincinnati Cooperage Co. v. GaulSupreme Court of Pennsylvania · 1895
  3. Commonwealth v. DeibertSuperior Court of Pennsylvania · 1932
  4. Wessels v. Weiss Bros.Supreme Court of Pennsylvania · 1893
  5. Miller v. FulmerSuperior Court of Pennsylvania · 1904

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